United States v. Thomas Anderson (Aka Workman), United States of America v. Samuel Loving

This case poses an important problem in the evaluation of affidavits to determine probable cause for issuance of search warrants under the Fourth Amendment. We hold that all data necessary to show probable cause for the issuance of a search warrant must be contained within the four corners of a written affidavit given under oath. In so holding, we reverse the convictions of Thomas Anderson and Samuel L. Loving for theft of United States mail in violation of 18 U.S.C. § 1708 .

On November 23, 1970 two post office stations in Phoenix, Arizona reported mail missing from mail trucks which had been standing unattended in the post office yards. In each case, witnesses reported seeing a negro male in a green Chevrolet with the license number MFK-012 in the yard before the theft was discovered. Anderson and a woman companion were arrested while driving this car later in the day.

The postal inspectors sought a warrant to search Room 165 at the Caravan Inn in Phoenix. While conceding that the affidavit given to the Commissioner fails to establish probable cause for the issuance of the search warrant, the Government contends that other oral information given to the Commissioner by the…