United States v. Thomas Anderson (Aka Workman), United States of America v. Samuel Loving

CHOY, Circuit Judge:

This case poses an important problem in the evaluation of affidavits to determine probable cause for issuance of search warrants under the Fourth Amendment. 1 We hold that all data necessary to show probable cause for the issuance of a search warrant must be contained within the four corners of a written affidavit given under oath. In so holding, we reverse the convictions of Thomas Anderson and Samuel L. Loving for theft of United States mail in violation of 18 U.S.C. § 1708.

On November 23, 1970 two post office stations in Phoenix, Arizona reported mail missing from mail…