United States v. Dana Hyrum M. Bolton

Appellant stands convicted of possession of an unregistered machine gun in violation of 26 U.S.C. § 5861 (d).

The sole question presented on appeal is the sufficiency of the affidavit on the basis of which a search warrant issued resulting in recovery of the gun. Appellant contends the affidavit’s showing of cause depended entirely on information of an informant whose reliability did not sufficiently appear.

We disagree. Reliability of the informant was amply established by the affidavit. The informant was shown to have related sufficient underlying circumstances to show that he had personal knowledge of the facts of the crime. He had on a previous occasion accurately related to the officers details of a murder and supplied information concerning unlawfully possessed weapons in the hands of various persons. The sharpness of detail concerning the instant crime underscored reliability. Some of the information supplied was corroborated by information independently developed by the police.

We conclude that warrant properly was issued upon the affidavit.

At trial appellant sought to attack the affidavit collaterally by cross-examination of the officer affiant and by requiring the…