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RUGENDORF V. UNITED STATES, 376 U. S. 528 (1964)

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U.S. Supreme Court

Rugendorf v. United States, 376 U.S. 528 (1964)

Rugendorf v. United States

No. 223

Argued February 27, 1964

Decided March 30, 1964

376 U.S. 528

Syllabus

Petitioner was convicted of knowingly concealing stolen fur garments in violation of 18 U.S. C. § 2315. The stolen furs were found in the basement of his home pursuant to a search warrant issued on the strength of an affidavit factually inaccurate in two respects and based partly on hearsay statements of confidential informants. Petitioner's motion to suppress the introduction in evidence of the seized furs was denied by the trial court.

Held:

1. The search warrant was valid as long as it provided a substantial basis to support the conclusion that the stolen goods were probably in petitioner's basement. Pp. 376 U. S. 531-533.

(a) Factual inaccuracies, not going to the integrity of the affidavit, do not destroy probable cause for a search. Pp. 376 U. S. 532-533.

(b) Hearsay, if it provides sufficient evidence of probable cause, justifies the issuance of a search warrant. Jones v. United States, 362 U. S. 257, followed. P. 376 U. S. 533.

2. Petitioner's claim that he was entitled to the informant's name in order to defend himself at the trial must be rejected where first raised in petitioner's reply brief on appeal, his previous request having been confined to support of his motion to suppress the evidence. Pp. 376 U. S. 534-536.

3. The evidence was sufficient to support the verdict. Pp. 376 U. S. 536-537.

316 F.2d 589, affirmed. chanroblesvirtualawlibrary

Page 376 U. S. 529





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