UNITED STATES v. SMITH

No. 78-5167.

591 F.2d 1105 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Walter Richard SMITH, a/k/a Bobby Smith, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 22, 1979.


Attorney(s) appearing for the Case

Frank K. Martin, Columbus, Ga., for defendant-appellant.

Barry E. Teague, U. S. Atty., D. Broward Segrest, Asst. U. S. Atty., Montgomery, Ala., for plaintiff-appellee.

Before MORGAN, RONEY and VANCE, Circuit Judges.


VANCE, Circuit Judge:

On June 14, 1977 a federal magistrate in the Middle District of Alabama issued a search warrant authorizing the search of appellant's residence in Phenix City, Alabama, on a finding that there was probable cause to believe that gambling records and paraphernalia were concealed on the premises. The warrant was executed on June 16, 1977, by federal agents. During the search a substantial number of firearms were found.

More than four years...

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