Nature of the Case
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Facts
The affidavit indicated that (1) FBI agents in Phoenix had just arrested D and James Carey pursuant to federal arrest warrants for a bank robbery which took place in Austinburg, Ohio. The two suspects had been seen in Room 135 on two prior occasions, and the two suspects were allegedly responsible for several other bank robberies in northeast Ohio and northwest Pennsylvania. The affidavit 'established only that two persons known to have been involved in several bank robberies were observed on the same premises.' We held that the generally permissible inference that bank robbers tend to conceal evidence of their crimes in 'places both accessible and private,' could not be used to support a determination of probable cause. The affidavit revealed that the crimes occurred 'over 2,000 miles from the motel room' and 'more importantly, the affidavit did not specify the amount of time that had passed' since the crimes. We held that probable cause did not support the warrant. P petitioned for rehearing.
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