U.S. v. Hatfield
| Citation | 599 F.2d 759 |
| Decision Date | 04 June 1979 |
| Docket Number | No. 78-5416,78-5416 |
| Parties | UNITED STATES of America, Plaintiff-Appellant, v. John E. HATFIELD, Defendant-Appellee. |
| Court | U.S. Court of Appeals — Sixth Circuit |
John H. Cary, U. S. Atty., J. Michael Haynes, Jr., Asst. U. S. Atty., Knoxville, Tenn., for plaintiff-appellant.
Farrell A. Levy, Knoxville, Tenn. (Court-appointed), for defendant-appellee.
Before CELEBREZZE, Circuit Judge, and PHILLIPS and PECK, Senior Circuit Judges.
This is an appeal by the Government from a suppression order entered by the United States District Court for the Eastern District of Tennessee. 461 F.Supp. 57 (E.D.Tenn.1978). The order prohibits the Government from introducing into evidence at defendant's trial certain firearm transaction records seized during a search of defendant's premises. The search was conducted pursuant to a search warrant issued by a United States Magistrate authorizing a search for and seizure of firearm transaction records and illegal firearms. The district court found that the affidavit in support of the search warrant was insufficient to support a finding of probable cause to search for illegal firearms but sufficient as to the transaction records. The district court ruled that the warrant was constitutionally overbroad and, notwithstanding the sufficiency of the affidavit on the existence of probable cause to search for the transaction records, the records were suppressed.
The principal issue presented for review is whether the district court correctly concluded that the affidavit in support of the warrant was insufficient to establish probable cause to search defendant's premises for illegal firearms. For the reasons stated below, we find the affidavit was sufficient to support a finding of probable cause as to both the firearms and the transaction records. We accordingly reverse.
In July 1978 a federal grand jury indicted the defendant-appellee John E. Hatfield on two counts of selling firearms without recording the name, age, and place of residence of the purchasers of the firearms, in violation of 18 U.S.C. §§ 922(b)(5) and 924(a). Hatfield, being a licensed federal firearms dealer, was required to keep such records by 18 U.S.C. § 923.
The affidavit in support of the search warrant was submitted by ATF Special Agent R. Grant McGarity. 1 Relying upon the information in the affidavit the United States Magistrate issued a search warrant on September 21, 1977, authorizing federal agents to search Hatfield's Swap Shop and the adjoining residence for "records of receipt and disposition of firearms, Firearm Transaction Records (ATF Form 4473) and firearms which are used in or intended to be used in violation" of various federal laws and regulations. On the evening of September 21, 1977, the warrant was executed by federal agents. The agents seized sixty-six transaction records and one record book. No illegal firearms were found on the premises.
The district court granted the defendant's motion to suppress all evidence seized during the search. Though the affidavit was sufficient to establish probable cause to search for the transaction records, the court ruled that the affidavit did not support the magistrate's finding that probable cause existed to search defendant's premises for illegal firearms. 2 Therefore, the district court ruled that since a portion of the warrant was not supported by probable cause, the entire search was constitutionally overbroad and all evidence seized during the search must be suppressed.
On appeal the Government argues the district court erroneously found that the affidavit was insufficient to support a finding of probable cause to search defendant's premises for illegal weapons. The Government submits that when the affidavit is interpreted in a common sense and realistic fashion, the affidavit relates sufficient articulable facts to support a finding of probable cause to search defendant's premises, not only for transaction records, but also for illegal firearms. We agree.
In United States v. Ventresca, 380 U.S. 102, 85 S.Ct. 741, 13 L.Ed.2d 684 (1965), the Supreme Court ruled that the Fourth Amendment's commands, like all constitutional requirements, are practical and not abstract. If the teachings of the Court's cases are to be followed and the constitutional policy served, affidavits for search warrants, such as the one involved here, Must be tested and interpreted by magistrates and courts in a commonsense and realistic fashion. They are normally drafted by nonlawyers in the midst and haste of a criminal investigation. Technical requirements of elaborate specificity once exacted under common law pleadings have no proper place in this area. A grudging or negative attitude by reviewing courts toward warrants will tend to discourage police officers from submitting their evidence to a judicial officer before acting.
This is not to say that probable cause can be made out by affidavits which are purely conclusory, stating only the affiant's or an informer's belief that probable cause exists without detailing any of the "underlying circumstances" upon which that belief is based. * * * Recital of some of the underlying circumstances in the affidavit is essential if the magistrate is to perform his detached function and not serve merely as a rubber stamp for the police. However, where these circumstances are detailed, where reason for crediting the source of the information is given, and when a magistrate has found probable cause, the courts should not invalidate the warrant by interpreting the affidavit in a hypertechnical, rather than a commonsense manner. Although in a particular case it may not be easy to determine when an affidavit demonstrates the existence of probable cause, the resolution of doubtful or marginal cases in this area should be largely determined by the preference to be accorded to warrants. * * *
380 U.S. at 108-09, 85 S.Ct. at 746 ( ).
This court has on a number of occasions applied the above principle and in each instance we have consistently held that great deference should be accorded a magistrate's determination of probable cause. 3
We stated in United States v. Giacalone, 541 F.2d 508, 513-14 (6th Cir. 1976):
once a Magistrate has found probable cause and has issued a warrant, his judgment is conclusive unless arbitrarily exercised, since the purpose of the Fourth Amendment has been served by his review of the affidavit.
We further stated in Giacalone that:
When a court is faced with a situation wherein there is at issue the Quantum of evidence necessary to be alleged to support a finding of probable cause, and when The affidavit arguably shows circumstances which could support a determination that evidence of a federal crime will probably be found in the place to be searched, the court should follow the practice expressed in United States v. Lewis, 392 F.2d 377, 379 (2d Cir.), Cert. denied, 393 U.S. 891, 89 S.Ct. 212, 21 L.Ed.2d 170 (1968):
One of the best ways to foster increased use of warrants is to give law enforcement officials the assurance that when a warrant is obtained in a close case, its validity will be upheld.
541 F.2d at 516 (Emphasis added.)
The application of the above well settled principles leads us to reverse the district court. The affidavit in question, when read in a commonsense and non-hypertechnical fashion, does not lead one to conclude that the magistrate's finding of probable cause to search defendant's premises for illegal weapons was arbitrary.
The affidavit related the fact that the defendant was a properly licensed federal firearms dealer at the time of the request for the warrant. This license revealed the defendant's business location, the premises to be searched. The affidavit contained information that Hatfield had on two prior occasions sold firearms out of his police cruiser without compiling the required information. The affidavit further informed the magistrate that on September 20, 1977, less than...
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