William Spinelli v. United States

HEANEY, Circuit Judge, with whom VAN OOSTERHOUT, Circuit Judge,

concurs, dissenting:

We respectfully dissent. In our opinion, the decisions of the United States Supreme Court in Riggan v. Virginia, 384 U.S. 152, 86 S.Ct. 1378, 16 L.Ed.2d 43 (1966), United States v. Ventresca, 380 U.S. 102, 85 S.Ct. 741, 13 L.Ed.2d 684 (1965) and Aguilar v. State of Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964), and the decision of this Court in Gillespie v. United States, 368 F.2d 1 (8th Cir. 1966), require a reversal of the District Court as the affidavit submitted in support of the search warrant…