United States v. Carignan, Crim. A. No. 64-131-J.

• Decision Date: 19 June 1967
• Docket Number: Crim. A. No. 64-131-J.
• Citation: 286 F. Supp. 284
• Parties: UNITED STATES of America, Plaintiff, v. Richard A. CARIGNAN and Roger R. Carignan, Defendants.
• Court: U.S. District Court — District of Massachusetts

286 F. Supp. 284

UNITED STATES of America, Plaintiff, v. Richard A. CARIGNAN and Roger R. Carignan, Defendants.

Crim. A. No. 64-131-J.

United States District Court D. Massachusetts.

June 19, 1967.

W. Arthur Garrity, Jr., U. S. Atty., A. David Mazzone, Edward Lee, Asst. U. S. Attys., for the United States.

Joseph S. Oteri, Boston, Mass., for Roger Carignan.

Monroe L. Inker, Kevin M. Keating, Boston, Mass., for Richard Carignan.

MEMORANDUM

JULIAN, District Judge.

The defendant Roger R. Carignan has brought a motion for the return and suppression as evidence of certain property seized by FBI agents at the premises of 171 Gerrish Avenue, Dracut, Massachusetts, on May 15, 1964. A hearing was held, and on the basis of the evidence presented I make the following findings of fact.

On May 15, 1964, Agents Rico and Sweeney of the Federal Bureau of Investigation met with an Assistant United States Attorney. It was decided that application would be made for a search warrant on the basis of an affidavit signed by Rico. A search warrant was prepared stating the name of Rico as affiant. However, subsequent to the preparation of the search warrant and affidavit, it was determined that Sweeney had a more complete personal knowledge of the history of the investigation and would be able to give a more detailed affidavit. As a result, a new affidavit was prepared for the signature of Sweeney. Due to an oversight, mistake or carelessness, the original search warrant was not changed to reflect that Sweeney, and not Rico, was the supporting affiant.

The search warrant and new affidavit were attached together and brought to United States Commissioner Nelligan, where Sweeney signed the affidavit under the oath administered to him by the Commissioner. The Commissioner thereupon issued the search warrant for the premises of 171 Gerrish Avenue, and an arrest warrant for Roger Carignan.

At about 7 p. m. Sweeney and several other agents arrived at the premises in Dracut, a one-family dwelling which was the home of the defendant's mother. The defendant was also living there at this time and kept personal belongings in his bedroom on the second floor. Sweeney went to the side entrance and knocked. He identified himself to the defendant's sister, who came to the door, and told her that he had an arrest warrant for Roger and a search warrant for the house. She admitted Sweeney to the kitchen. Shortly thereafter the defendant and his mother, Mrs. Langlais, came into the kitchen.

At about 7:08 p. m. Agent Whalen came into the room with two other agents and placed Roger under arrest. At 7:10 p. m. Agents Condon, Schwotzer and Scott went upstairs with Mrs. Langlais to search Roger's room. At 7:20 p. m. Agents Whalen, Sheehan and Keough took Roger out to an FBI car and drove him to the FBI office on Atlantic Avenue in Boston. Thereafter, at about 7:46 p. m., Agent Condon found a radio in the closet of Roger's upstairs bedroom. On opening the back of the radio he found cash amounting to $30,800.

The defendant was indicted for armed robbery of the Arlington Trust Company, Jackson Street Branch, in...