United States v. Gerald Malone Van Horn

Fourth Circuit

United States v. Gerald Malone Van Horn

396 F.2d 505, 1968 U.S. App. LEXIS 6618

CourtCourt of Appeals for the Fourth Circuit

DecidedJune 7, 1968

Docket11824

StatusPublished

Cited by1 cases

This text of 396 F.2d 505 (United States v. Gerald Malone Van Horn) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Gerald Malone Van Horn, 396 F.2d 505, 1968 U.S. App. LEXIS 6618 (4th Cir. 1968).

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Opinion

PER CURIAM:

Appellant Gerald Malone Van Horn attacks the sufficiency of the affidavit upon which was issued on May 3, 1967 a search warrant authorizing the search of appellant’s residence and the seizure of certain incriminating evidence found therein. We find the affidavit sufficient to establish the validity of the warrant.

The affiant, an Alcoholic Beverage Control officer, stated in the affidavit, (1) that an informant who had given him reliable information in the past had on April 12, 1967 informed him that he had observed “non-taxpaid whiskey” at appellant’s residence and also had seen a truck loaded with sugar go to the residence; (2) the officer had on several occasions observed appellant’s residence and had seen an “unusual amount of traffic” entering and leaving; and (3) that on one occasion the officer had detected the odor of whiskey and mash coming from the residence. Under the principles enunciated in United States v. Ventresca, 380 U.S. 102, 85 S.Ct. 741, 13 L.Ed.2d 684, and McCray v. State of Illinois, 386 U.S. 300, 87 S.Ct. 1056,18 L.Ed. 2d 62, these statements provided the magistrate with probable cause for the issuance of the warrant. Therefore, the evidence obtained by means of a search pursuant to the warrant was properly admitted into evidence.

Upon notice of appeal appellant’s sentence was amended by the District Court. On motion of appellant with the concur *506 rence of appellee and the District Court, the amendment is vacated and the original sentence is hereby reinstated.

Conviction affirmed; amendment of original sentence vacated.

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PER CURIAM:

Appellant Gerald Malone Van Horn attacks the sufficiency of the affidavit upon which was issued on May 3, 1967 a search warrant authorizing the search of appellant’s residence and the seizure of certain incriminating evidence found therein. We find the affidavit sufficient to establish the validity of the warrant.

The affiant, an Alcoholic Beverage Control officer, stated in the affidavit, (1) that an informant who had given him reliable information in the past had on April 12, 1967 informed him that he had observed “non-taxpaid whiskey” at appellant’s residence and also had seen a truck loaded with sugar go to the residence; (2) the officer had on several occasions observed appellant’s residence and had seen an “unusual amount of traffic” entering and leaving; and (3) that on one occasion the officer had detected the odor of whiskey and mash coming from the residence. Under the principles enunciated in United States v. Ventresca, 380 U.S. 102, 85 S.Ct. 741, 13 L.Ed.2d 684, and McCray v. State of Illinois, 386 U.S. 300, 87 S.Ct. 1056,18 L.Ed. 2d 62, these statements provided the magistrate with probable cause for the issuance of the warrant. Therefore, the evidence obtained by means of a search pursuant to the warrant was properly admitted into evidence.

Upon notice of appeal appellant’s sentence was amended by the District Court. On motion of appellant with the concur *506 rence of appellee and the District Court, the amendment is vacated and the original sentence is hereby reinstated.

Conviction affirmed; amendment of original sentence vacated.

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396 F.2d 505, 1968 U.S. App. LEXIS 6618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-gerald-malone-van-horn-ca4-1968.

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