UNITED STATES v. SEVIER

No. 75-2474.

539 F.2d 599 (1976)

UNITED STATES of America, Plaintiff-Appellant, v. James Madison SEVIER, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided August 10, 1976.


Attorney(s) appearing for the Case

Eldon L. Webb, U. S. Atty., R. Burl McCoy, Lexington, Ky., Harry Ellis, Larry A. Morse, Bureau of Alcohol, Tobacco & Firearms, Fort Mitchell, Ky., for plaintiff-appellant.

Albert C. Hawes (Court-appointed CJA), Covington, Ky., for defendant-appellee.

Before PHILLIPS, Chief Judge, WEICK and ENGEL, Circuit Judges.


WEICK, Circuit Judge.

This appeal presents the question whether an affidavit for a search warrant must allege specific facts sufficient to establish probable cause as to each and every element of the federal crime under investigation. The Government appeals from an order of the District Court granting the defendant's motion to suppress evidence, and dismissing an indictment charging James Madison Sevier, a convicted felon, with illegal possession of a firearm, in...

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