United States v. Viggiano, No. 193
| Court | United States Courts of Appeals. United States Court of Appeals (2nd Circuit) |
| Writing for the Court | MOORE, SMITH and ANDERSON, Circuit |
| Citation | 433 F.2d 716 |
| Parties | UNITED STATES of America, Appellee, v. Robert VIGGIANO, Defendant-Appellant. |
| Docket Number | No. 193,Docket 35212. |
| Decision Date | 10 November 1970 |
433 F.2d 716 (1970)
UNITED STATES of America, Appellee,
v.
Robert VIGGIANO, Defendant-Appellant.
No. 193, Docket 35212.
United States Court of Appeals, Second Circuit.
Argued October 7, 1970.
Decided November 10, 1970.
Jerome Lewis, New York City, for appellant.
James O. Druker, Special Atty., Dept. of Justice (Edward R. Neaher, U.S. Atty., E.D.N.Y., and Denis E. Dillon, Sp. Atty., Dept. of Justice, on the brief), for appellee.
Before MOORE, SMITH and ANDERSON, Circuit Judges.
ANDERSON, Circuit Judge:
The appellant Robert Viggiano was convicted on a single charge of possession of stolen goods in violation of Title 18 U.S.C. § 659 and was sentenced to five years imprisonment. At the trial the Government presented evidence which was the product of a search and seizure authorized by two search warrants issued by a United States Commissioner. The accused challenged the validity of the warrants on the ground that the supporting affidavits on which the Commissioner relied were insufficient to show probable cause. A motion to suppress was made in advance of trial; the court held a hearing on the motion and denied it. The defendant now appeals from the judgment of conviction because the trial court refused to exclude the evidence seized. We affirm.
The search warrants were based upon the affidavits of F.B.I. Special Agent Paul Stapleton and were issued on October 24, 1968. They authorized the F.B.I. agents to search the ground floor of a dwelling located on Farragut Road and occupied by Allen Viggiano, appellant's brother, and the garage attached to the premises at 245-02 South Conduit Boulevard, Queens. The agents executed the warrants the following day and seized six cartons of Russ Togs brand wearing apparel at the Farragut Road residence.
The F.B.I. learned of the stolen goods and their whereabouts through one Allen Magid, a "walk-in," with whom the F.B.I. had had no experience before he came to the Bureau offices on October 24, 1968. After interviewing Magid, the F.B.I. agents made a quick investigation of their own and Agent Stapleton prepared affidavits summarizing Magid's report and the results of the F.B.I. inquiries. In substance the affidavits1 gave the Commissioner the information that: in August, 1968 Robert Viggiano told Magid that he had just purchased a load of Russ Togs clothing which he wanted to resell for $17,000; that a month later one Vic Orena gave Magid a key to the garage at 245-02 South Conduit Boulevard, Queens, with instructions to show the merchandise to prospective buyers; that Magid entered the garage October 22, 1968 and saw a quantity of boxes, bearing Russ Togs labels, some of which bore out-of-state addresses, and a quantity of ladies' and children's wearing apparel, having Russ Togs labels; and that Magid had given
They further stated that in early October, 1968, Robert Viggiano told Magid he had received another Russ Togs load, and Viggiano showed Magid a quantity of boxes bearing Russ Togs labels with out-of-state addresses; that on October 7, 1968 Robert Viggiano told Magid that he had moved "the load" to a storage room on the ground floor of his brother's home "around the corner," and that Magid knew that Allen Viggiano, Robert's brother, lived "around the corner" at 9031 Farragut Road; that Robert Viggiano informed Magid on October 20, 1968 that the merchandise was still at the Farragut Road address and that Magid would be told when the shipment was moved elsewhere, but that Magid had not been so informed before reporting to the F.B.I.
They also disclosed that by its own inquiries, the F.B.I. learned that a truck containing $36,000 worth of Russ Togs apparel consigned to out-of-state purchasers had been hijacked in...
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State v. Jackson
...in this case was a participant, we note that this fact has been given great weight in other jurisdictions. United States v. Viggiano, 433 F.2d 716, 717 (2d Cir.), cert. denied, 401 U.S. 938, 91 S.Ct. 934, 28 L.Ed.2d 219; Louie v. United States, 426 F.2d 1398, 1400 (9th Cir.); Wooten v. Unit......
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Com. v. Martin
...5 Mass.App. --- C, 369 N.E.2d 466 (1977); Commonwealth v. Flaherty, --- Mass.App. --- D, 375 N.E.2d 353 (1978); United States v. Viggiano, 433 F.2d 716, 718-719 (2d Cir. 1970), cert. denied, 401 U.S. 938, 91 S.Ct. 934, 28 L.Ed.2d 219 We turn to an examination of the sufficiency of the affid......
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United States v. Lace, Crim. No. 79-44-1 to 79-44-9.
...v. Rollins, 522 F.2d 160, 164 (2d Cir. 1975) cert. denied 424 U.S. 918, 96 S.Ct. 1122, 47 L.Ed.2d 324 (1976); United States v. Viggiano, 433 F.2d 716, 719 (2d Cir. 1970) cert. denied 401 U.S. 938, 91 S.Ct. 934, 28 L.Ed.2d 219 The information which the Vermont state police gained from Schrag......
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U.S. v. Rollins, No. 1082
...live. Both the Supreme Court, Spinelli v. United States, supra, 393 U.S. at 416, 89 S.Ct. 584, and this court, United States v. Viggiano, 433 F.2d 716, 719 (2d Cir. 1970), cert. denied, 401 U.S. 938, 91 S.Ct. 934, 28 L.Ed.2d 219 (1971), have recognized personal observation as a reliable bas......
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State v. Jackson
...in this case was a participant, we note that this fact has been given great weight in other jurisdictions. United States v. Viggiano, 433 F.2d 716, 717 (2d Cir.), cert. denied, 401 U.S. 938, 91 S.Ct. 934, 28 L.Ed.2d 219; Louie v. United States, 426 F.2d 1398, 1400 (9th Cir.); Wooten v. Unit......
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Com. v. Martin
...5 Mass.App. --- C, 369 N.E.2d 466 (1977); Commonwealth v. Flaherty, --- Mass.App. --- D, 375 N.E.2d 353 (1978); United States v. Viggiano, 433 F.2d 716, 718-719 (2d Cir. 1970), cert. denied, 401 U.S. 938, 91 S.Ct. 934, 28 L.Ed.2d 219 We turn to an examination of the sufficiency of the affid......
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United States v. Lace, Crim. No. 79-44-1 to 79-44-9.
...v. Rollins, 522 F.2d 160, 164 (2d Cir. 1975) cert. denied 424 U.S. 918, 96 S.Ct. 1122, 47 L.Ed.2d 324 (1976); United States v. Viggiano, 433 F.2d 716, 719 (2d Cir. 1970) cert. denied 401 U.S. 938, 91 S.Ct. 934, 28 L.Ed.2d 219 The information which the Vermont state police gained from Schrag......
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U.S. v. Rollins, No. 1082
...live. Both the Supreme Court, Spinelli v. United States, supra, 393 U.S. at 416, 89 S.Ct. 584, and this court, United States v. Viggiano, 433 F.2d 716, 719 (2d Cir. 1970), cert. denied, 401 U.S. 938, 91 S.Ct. 934, 28 L.Ed.2d 219 (1971), have recognized personal observation as a reliable bas......