United States v. James Madison Sevier

WEICK, Circuit Judge.

This appeal presents the question whether an affidavit for a search warrant must allege specific facts sufficient to establish probable cause as to each and every element of the federal crime under investigation. The Government appeals from an order of the District Court granting the defendant’s motion to suppress evidence, and dismissing an indictment charging James Madison Sevier, a convicted felon, with illegal possession of a firearm, in violation of 18 U.S.C. App. § 1202(a)(1). We reverse.

Special Agent Edgar R. Booher, of the Bureau of Alcohol, Tobacco and Firearms,…