United States v. Ventresca

380 U.S. 102, 85 S. Ct. 741, 13 L. Ed. 2d 684, 1965 U.S. LEXIS 2438, 16 A.F.T.R.2d (RIA) 5787
CourtSupreme Court of the United States
DecidedMarch 1, 1965
Docket28
StatusPublished
Cited by4,153 cases

This text of 380 U.S. 102 (United States v. Ventresca) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Ventresca, 380 U.S. 102, 85 S. Ct. 741, 13 L. Ed. 2d 684, 1965 U.S. LEXIS 2438, 16 A.F.T.R.2d (RIA) 5787 (1965).

Opinions

Me. Justice Goldberg

delivered the opinion of the Court.

Respondent, Ventresca, was convicted in the United States District Court for the District of Massachusetts of possessing and operating an illegal distillery. The conviction was reversed by the Court of Appeals (one judge dissenting) on the ground that the affidavit for a search warrant pursuant to which the still was found was insufficient to establish probable cause. 324 F. 2d 864.

The affidavit upon which the warrant was issued was made and submitted to a United States Commissioner on August 31, 1961, by Walter Mazaka, an Investigator for the Alcohol and Tobacco Tax Division of the Internal Revenue Service. He stated that he had reason to believe that an illegal distillery was in operation in respondent, Ventresca’s, house at 148y2 Coburn Avenue in Worcester, Massachusetts. The grounds for this belief were set forth in detail in the affidavit, prefaced with the following statement:

“Based upon observations made by me, and based upon information received officially from other Investigators attached to the Alcohol and Tobacco Tax Division assigned to this investigation, and reports orally made to me describing the results of their [104]*104observations and investigation, this request for the issuance of a search warrant is made.”

The affidavit then described seven different occasions between July 28 and August 30,1961, when a Pontiac car was driven into the yard to the rear of Ventresca’s house. On four occasions the car carried loads of sugar in 60-pound bags; it made two trips loaded with empty tin cans; and once it was merely observed as being heavily laden. Garry, the car’s owner, and Incardone, a passenger, were seen on several occasions loading the car at Ventresca’s house and later unloading apparently full five-gallon cans at Garry’s house late in the evening. On August 28, after a delivery of empty tin cans to Ven-tresca’s house, Garry and Incardone were observed carrying from the house cans which appeared to be filled and placing them in the trunk of Garry’s car. The affidavit went on to state that at about 4 a. m. on August 18, and at about 4 a. m. on August 30, “Investigators” smelled the odor of fermenting mash as they walked along the sidewalk in front of Ventresca’s house. On August 18 they heard, “[a]t or about the same time, . . . certain metallic noises.” On August 30, the day before the warrant was applied for, they heard (as they smelled the mash) “sounds similar to that of a motor or a pump coming from the direction of” Ventresca’s house. The affidavit concluded: “The foregoing information is based upon personal knowledge and information which has been obtained from Investigators of the Alcohol and Tobacco Tax Division, Internal Revenue Service, who have been assigned to this investigation.”

The District Court upheld the validity of the warrant on a motion to suppress. The divided Court of Appeals held the warrant insufficient because it read the affidavit as not specifically stating in so many words that the information it contained was based upon the personal knowledge of Mazaka or other reliable investigators. The [105]*105Court of Appeals reasoned that all of the information recited in the affidavit might conceivably have been obtained by investigators other than Mazaka, and it could not be certain that the information of these other investigators was not in turn based upon hearsay received from unreliable informants rather than their own personal observations. For this reason the court found that probable cause had not been established. 324 F. 2d, at 868-870. We granted certiorari to consider the standards by which a reviewing court should approach the interpretation of affidavits supporting warrants which have been duly issued by examining magistrates. 377 U. S. 989. For the reasons stated below, we reverse the judgment of the Court of Appeals.

I.

The Fourth Amendment states:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” 1

We begin our analysis of this constitutional rule mindful of the fact that in this case a search was made pursuant to a search warrant. In discussing the Fourth Amendment policy against unnecessary invasions of privacy, we stated in Aguilar v. Texas, 378 U. S. 108:

“An evaluation of the constitutionality of a search warrant should begin with the rule that ‘the informed and deliberate determinations of magistrates empowered to issue warrants . . . are to be pre[106]*106ferred over the hurried action of officers . . . who may happen to make arrests.’ United States v. Lefkowitz, 285 U. S. 452, 464. The reasons for this rule go to the foundations of the Fourth Amendment.” 378 U. S., at 110-111.

In Jones v. United States, 362 U. S. 257, 270, this Court, strongly supporting the preference to be accorded searches under a warrant, indicated that in a doubtful or marginal case a search under a warrant may be sustainable where without one it would fall. In Johnson v. United States, 333 U. S. 10, and Chapman v. United States, 365 U. S. 610, the Court, in condemning searches by officers who invaded premises without a warrant, plainly intimated that had the proper course of obtaining a warrant from a magistrate been followed and had the magistrate on the same evidence available to the police made a finding of probable cause, the search under the warrant would have been sustained. Mr. Justice Jackson stated for the Court in Johnson:

"The point of the Fourth Amendment, which often is not grasped by zealous officers, is not that it denies law enforcement the support of the usual inferences which reasonable men draw from evidence. Its protection consists in requiring that those inferences be drawn by a neutral and detached magistrate instead of being judged by the officer engaged in the often competitive enterprise of ferreting out crime. Any assumption that evidence sufficient to support a magistrate’s disinterested determination to issue a search warrant will justify the officers in making a search without a warrant would reduce the Amendment to a nullity and leave the people’s homes secure only in the discretion of police officers.” Johnson v. United States, supra, at 13-14.

The fact that exceptions to the requirement that searches and seizures be undertaken only after obtaining a warrant [107]*107are limited2 underscores the preference accorded police action taken under a warrant as against searches and seizures without one.

While a warrant may issue only upon a finding of “probable cause,” this Court has long held that “the term ‘probable cause’ . . .

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Bluebook (online)
380 U.S. 102, 85 S. Ct. 741, 13 L. Ed. 2d 684, 1965 U.S. LEXIS 2438, 16 A.F.T.R.2d (RIA) 5787, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-ventresca-scotus-1965.