United States v. Gebell, Crim. A. No. 39167.
Decision Date | 12 July 1962 |
Docket Number | Crim. A. No. 39167. |
Citation | 209 F. Supp. 11 |
Parties | UNITED STATES of America, Plaintiff, v. Charles R. GEBELL, Defendant. |
Court | U.S. District Court — Western District of Michigan |
Lawrence Gubow, U. S. Atty., William H. Merrill, Chief Asst. U. S. Atty., Detroit, Mich., for plaintiff.
James H. Hudnut, Detroit, Mich., for defendant.
On December 14, 1961 the United States District Court for the Eastern District of Michigan, issued a search warrant to search the premises known as 21748 Share, St. Clair Shores, Michigan, and described as a one story, brick veneer dwelling house with basement, including garage and appurtenances, located on the south side of Share Street, between Arrowhead Street and Harper Avenue in the Eastern District of Michigan. The search warrant and the affidavit of Special Agent Zawadzki submitted in support of the warrant allege that "there is now being concealed certain property; namely bookmaking records, wagering paraphernalia consisting of bet slips, run-down sheets, account sheets, recap sheets, telephones, money used in or derived from a bookmaking operation and other means and instruments used in violation of Sections 4411, 4412, 7203 and 7262, of the Internal Revenue Code of 1954 26 U.S.C.A. §§ 4411, 4412, 7203, 7262."
The affidavit of John T. Zawadzki, Special Agent, Internal Revenue Service, states that:
The search warrant was executed on December 14, 1961 at 3:00 P.M., a copy being left with Mrs. Charles Gebell, and the inventory filed by the Special Agent discloses that the following property was taken pursuant to the warrant:
By motion for return of property and to suppress evidence, the defendant attacks the validity of the search warrant on two grounds:
In relation to the search warrant heretofore issued in this case, the Government urges that the opinion of the United States Supreme Court in Jones v. United States, 362 U.S. 257, 80 S.Ct. 725, 4 L.Ed.2d 697 (1960) is authority for upholding its validity.
In Jones v. United States, supra, pp. 267-268, 80 S.Ct. p. 734 the affidavit of the narcotics agent is set forth in a footnote as follows:
Speaking for the Court Mr. Justice Frankfurter stated in part as follows:
Jones v. United States, 362 U.S. 257, 268-269, 80 S. Ct. 735.
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...were used or the presence of unusual equipment, constitute probable cause for the issuance of a search warrant. United States v. Gebell, 209 F.Supp. 11 (E.D. Mich.1962). See United States ex rel. DeNegris v. Menser, 360 F.2d 199, 203 (2d Cir. 1966); United States v. Nicholson, 303 F.2d 330 ......
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