How have the courts dealt with the suppression of evidence in a search warrant application?

MultiRegion, United States of America

The following excerpt is from U.S. v. Stefanson, 648 F.2d 1231 (9th Cir. 1981):

Appellant next contends that the evidence should have been suppressed because the oral affidavit fails to state sufficient facts to support a finding of probable cause to authorize the search warrant. This contention is clearly without merit. The affidavit contained allegations that illegal drugs had been found in appellant's house when he was absent therefrom on June 13, 1979; that appellant had several prior drug-related convictions; and that appellant illegally possessed fourteen (14) "seconal" capsules when arrested within a mile of his home on March 29, 1980. Added to these facts is the personal knowledge and experience of Agent Bertolani that persons carrying such a supply of illegal drugs are likely to have a larger cache at their residence. Based upon these facts, the magistrate was reasonable in inferring that probable cause existed to believe that appellant's home contained additional drugs. United States v. Spearman, 532 F.2d 132, 133 (9th Cir. 1976); United States v. Dubrofsky, 581 F.2d 208, 213 (9th Cir. 1978). The district court, reviewing the oral affidavit, reached the same conclusion.

Finally, appellant challenges the district court's conclusion that the affidavit

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