United States v. Judith Kay Levinson Elliot Lane Levinson Equs Distributing, Inc.

The United States appeals an order of the district court suppressing evidence in its prosecution of Judith Kay Levinson, Elliot Lane Levinson and Equs Distributing, Inc. (the defendants) for conspiracy against the United States and the transportation of obscene materials in interstate commerce. United States v. Levinson, 790 F.Supp. 1472 (D.Nev.1992). We reverse the district court.

PROCEEDINGS

The United States presented to a magistrate in Los Angeles the affidavit of Allan J. Rogers, Special Agent with the Federal Bureau of Investigation who was assigned to Los Angeles. He sought a search warrant to search Equs Distributing, 5248 Am-bridge Drive, located in the greater Los Angeles area. The affiant stated that he knew that Special Agent Roger T. Young, assigned to the Las Vegas office of the FBI, had in February and March of 1990 ordered seven video tapes from Equs and had received them in Las Vegas in April 1990; that Rogers had also worked on the case with Don Smith, a detective in the Vice Division of the Los Angeles Police Department; and that based on his own understanding and that of Young and Smith, there existed probable cause to believe that the videos were obscene…