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Keywords

liabilityappealaffidavit

affidavitwillseizure

Related Cases

U.S. v. Batchelder, 824 F.2d 563

Facts

In the first half of 1984, ATF agents conducted a nationwide investigation into companies selling parts for silencers. They seized business records indicating that individuals possessed unregistered silencers and machine guns. By April 1985, the government had obtained search warrants for 70 individuals, including Batchelder, based on evidence that he had received silencer components at his home. The affidavit presented to the magistrate included details of the investigation and Agent Van Amburgh's experience suggesting that individuals tend to keep such components for personal use.

The specific evidence presented to the magistrate in the government's application for a warrant to search Batchelder's residence consisted of an affidavit by ATF Special Agent Michael Van Amburgh. The affidavit contained detailed information concerning the nationwide investigation and stated that a document from S.W.D., Inc., whose records had been seized the previous July, reflected the sale of a silencer parts set for an M–10 pistol to Batchelder at his home address in Normal, Illinois.

Issue

Did the age of the information used to issue the search warrant preclude a finding of probable cause?

Although there may be circumstances in which the age of information may preclude a finding of probable cause, we conclude that on the facts of this case the magistrate acted properly in issuing the search warrant.

Rule

The age of the information supporting a warrant is a factor to consider, but if other factors indicate reliability and the likelihood of finding evidence, a warrant may still be issued.

It is the magistrate's duty to make a “ ‘practical, common-sense decision whether, given all the circumstances set forth in the affidavit before him … there is a fair probability that contraband or evidence of a crime will be found in a particular place.’ ”

Analysis

The court found that the magistrate properly considered multiple factors beyond the age of the information. The documents indicated that Batchelder had silencer components sent to his home, and Agent Van Amburgh's experience suggested that such items are typically kept for personal use. Additionally, the success rate of similar searches in the area supported the conclusion that the information was not stale.

In this case, at least three factors convince us that the magistrate acted properly. First, the documents seized in the investigation showed that Batchelder had the component parts of a silencer sent to his home. Second, Agent Van Amburgh's experience, which the magistrate was entitled to take into account, indicated that individuals purchasing components for silencers tend to keep them for extended periods of time for their personal use. Third, 19 of 21 searches executed in the Northern District of Illinois resulted in seizures even though the information supporting issuance of those warrants was on average older than the information supporting the warrant in Batchelder's case.

Conclusion

The Court of Appeals affirmed the conviction, concluding that the magistrate had sufficient grounds to issue the warrant despite the age of the information.

We agree that despite the age of the business records relied on, there was probable cause justifying the issuance of a warrant.

Who won?

The United States prevailed in the case because the court found that the magistrate acted within his discretion in issuing the warrant based on the totality of the circumstances.

The magistrate here made a common-sense determination based on the information contained in the application.

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