United States v. Morris

ORDER ON DEFENDANT’S MOTION TO SUPPRESS EVIDENCE OBTAINED BY SEARCH WARRANT

BOWEN, District Judge.

Defendant James Elwood Morris, Jr. is charged in two indictments with armed bank robbery in violation of 18 U.S.C. §§ 2113(a), 2113(d) (1976). By pre-trial motion pursuant to Fed.R.Crim.P. 41(e) and 12(b)(3), defendant seeks to suppress evidence seized during the execution of a search warrant at defendant’s residence.

The motion to suppress contains three assertions: first, that the affidavit before the Magistrate was insufficient to support a finding of probable cause; second, that the search of…