United States v. John Huey Honore

Appellant was convicted of armed bank robbery in violation of 18 U.S.C. §§ 2113 (a) and 2113(d). The Government’s evidence established him as the “wheelman.”

The issues raised on appeal as stated by appellant are as follows:

Applicable evidence will be stated as necessary in connection with the discussion of each issue.

1. FAILURE TO SUPPRESS EVIDENCE

Police officers secured a search warrant based upon a lengthy affidavit which this Court finds contained more than enough factual data, information and personal knowledge to justify its issuance by the Magistrate. The warrant, after describing the premises to be searched and various specific items of allegedly stolen property, concluded with this phrase which appellant contends is overly broad:

The words therein “tending to establish the identity of the persons in control of the premises” sufficiently identify and limit the items to be seized. Comparé the language used in this warrant with that used in the warrant in Stanley v. Georgia, 394 U.S. 557, 570 , 89 S.Ct. 1243 , 22 L.Ed.2d 542 (1969) (concurring opinion). The warrant being sufficiently particularized as to the place to be searched and the items to be seized, the search…