United States v. Ventresca

An affidavit for a search warrant described seven different occasions between July 28 and August 30, when a car was driven into the backyard of the defendant’s house. On four occasions the car carried loads of sugar in sixty-pound bags; twice it made two trips loaded with empty tin cans; and once it was observed as being heavily laden. Garry, the car’s owner, and Incardone, a passenger, were seen on several occasions loading the car at the defendant’s house and later unloading apparently full five-gallon cans at Garry’s house. The affidavit went on to state that at about 4 a.m. on August 18, and at about 4 a.m. August 30, “Investigators” smelled the odor of fermenting mash as they walked along the sidewalk in front of the defendant’s house. On August 18 they heard, “at or about the same time, . . . certain metallic noises.” On August 30, the day before the warrant was applied for, they heard (as they smelled the mash) “sounds similar to that of a motor or a pump coming from the direction of the defendant’s house.” The affidavit concluded: “The foregoing information is based upon personal knowledge and information which has been obtained from Investigators of the Alcohol, Tobacco Tax Division, Internal Revenue Service, who have been assigned to this investigation (underline added).”