United States v. Salvatore Castellana A/K/A Sam Castellana

THORNBERRY, Circuit Judge:

Castellana was indicted for being a felon in possession of a firearm that has moved in interstate commerce, a violation of 18 U.S.C. App. § 1202(a). He made motions to suppress four handguns and certain statements on the grounds they were obtained in violation of his rights under the Fourth and Fifth Amendments. The Government here appeals the trial court’s decision granting these motions, and we affirm.

I

The F.B.I. suspected that Castellana was conducting gambling activities at his store, the Albany Drive In Market in Tampa, Florida. To investigate these suspicions…