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UNITED STATES v. ANDERSON

Nos. 71-1646, 71-1647.

453 F.2d 174 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas ANDERSON (aka Workman), Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Samuel LOVING, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

December 20, 1971.

Attorney(s) appearing for the Case

Noel K. Dessaint (argued), of Harrison, Myers & Singer, Phoenix, Ariz., for Thomas Anderson.

Tom O'Toole (argued), Asst. Federal Public Defender, Tom Karas, Federal Public Defender, Phoenix, Ariz., for Samuel Loving.

Joseph Jenckes, Asst. U. S. Atty. (argued), Richard K. Burke, U. S. Atty., Phoenix, Ariz., for plaintiff-appellee.

Before DUNIWAY and CHOY, Circuit Judges, and WHELAN, District Judge.

CHOY, Circuit Judge:

This case poses an important problem in the evaluation of affidavits to determine probable cause for issuance of search warrants under the Fourth Amendment.1 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...

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