Nature of the Case
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Facts
A single assailant robbed the State Bank and Trust Company and escaped with almost $99,000. The assailant was armed and wore a rubber mask to conceal his identity. Two men robbed the Firestone Bank of almost $69,000. These robbers were also armed and also wore rubber masks. Three armed assailants robbed the Andover Bank and escaped with almost $146,000. These men wore rubber masks to hide their identity. The FBI investigated and got federal arrest warrants which charged D and an accomplice, James Carey, with the Andover Bank robbery. These warrants were issued three months after the robbery. Prior to the issuance of the arrest warrants, FBI agents discovered that D and his wife were living in Phoenix, Arizona. FBI agents conducted a series of 'spot checks' to determine if the residence was occupied and to identify any vehicles in the driveway. The agents also staked out room 135 at the Arizona Ranch House Inn. They had followed a vehicle from D's residence to that address. The room was registered to George Goodson, but that name was an alias used by James Carey. A small white station wagon pulled up in front of room 136. Two men exited the vehicle and proceeded immediately into room 135. The agents knew of the outstanding arrest warrants for D and Carey. When D and Carey exited room 135 they were placed under arrest. Carey was shot when he attempted to re-enter the motel room. Agents secured a search warrant which authorized a search of the motel room for 'weapons, disguises, U.S. currency, and fictitious identification.' From the search, agents seized several handguns, several pieces of false identification, and several plastic masks. This evidence was introduced against D at trial. D was convicted and appeals. D contends that the search warrant is invalid because the supporting affidavit did not establish probable cause to believe that evidence of a crime would be found in the motel room. The affidavit for the warrant read as follows:
Affiant learned from James Cornett, F.B.I. Agent, that Federal Bureau of Investigation Agents of the Phoenix, Arizona Office were at 5600 North Central, ARIZONA RANCH HOUSE INN, Room 135, conducting a surveillance on two known bank robbery suspects, identified as JAMES GERMIS CAREY, W/M 10-4-32, and THOMAS JAMES SAVOCA, W/M 2-10-52. Both subjects had outstanding Federal warrants, charging them with Bank Robbery, out of Austinburg, Ohio. They both were seen in Room 135, April 19 and 20, 1982.
At approximately 12:48 p.m., SUBJECT THOMAS J. SAVOLA [sic] exited Room 135 and was getting into the 1982 Buick, Ohio plates, BLU-212, when subject was taken into custody by Federal Bureau of Investigation Agents. The second subject, JAMES CAREY, started back into Room 135 and was shot by Steve Chenoweth, F.B.I. Agent, who believed he was going for a weapon. Both subjects were taken into custody by Federal Bureau of Investigation Agents at 5600 North Central.
Both subjects, JAMES G. CAREY and THOMAS J. SAVOCA, are responsible for approximately four (4) bank robberies in Northeastern Ohio and Northwestern Pennsylvania. Information was that subject CAREY wouldn't be taken alive.
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