United States v. Samual Sultan, 463 F.2d 1066 (2d Cir. 1972). · Go Syfert
United States v. Samual Sultan, 463 F.2d 1066 (2d Cir. 1972). Cases Citing This Book View Copy Cite
“an untested informant's story may be corroborated by other facts that become known to the affiant, even if they corroborate only innocent aspects of the story”
97 citation events (8 in the last 25 years) across 22 distinct courts.
Strongest positive: United States v. DePalma (nysd, 1978-09-21)
Treatment trajectory · 1972 → 2026 · click a year to view as-of
1972 1999 2026
Top citers, strongest first. 46 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) United States v. DePalma (2×)
S.D.N.Y. · 1978 · signal: see · quote attribution · 2 verbatim quotes · confidence high
an untested informant's story may be corroborated by other facts that become known to the affiant, even if they corroborate only innocent aspects of the story
discussed Cited as authority (rule) United States v. Cardona (2×) also: Cited "see"
2d Cir. · 2013 · confidence medium
“An untested 12 informant’s story may be corroborated by other facts that 13 become known to the [arresting agent], even if they 14 corroborate only innocent aspects of the story.” United 15 States v. Sultan, 463 F.2d 1066, 1069 (2d Cir. 1972).
discussed Cited as authority (rule) United States v. Cardona (2×) also: Cited "see"
2d Cir. · 2013 · confidence medium
“An untested 12 informant’s story may be corroborated by other facts that 13 become known to the [arresting agent], even if they 14 corroborate only innocent aspects of the story.” United 15 States v. Sultan, 463 F.2d 1066, 1069 (2d Cir. 1972).
discussed Cited as authority (rule) United States v. Cardona (2×) also: Cited "see"
2d Cir. · 2013 · confidence medium
“An untested informant’s story may be corroborated by other facts that become known to the [arresting agent], even if they corroborate only innocent aspects of the story.” United States v. Sultan, 463 F.2d 1066, 1069 (2d Cir.1972).
discussed Cited as authority (rule) Brown v. State
Tex. App. · 1999 · confidence medium
LaFave, Search and Seizure: A Treatise on the Fourth Amendment § 3.5(d) at 272 (3d ed. 1996) (“[Q]uite clearly information sufficient to establish probable cause is not defeated by an after-the-fact showing that this information was false _”); see also Dancy v. State, 728 S.W.2d 772, 783 (Tex.Crim.App.) (“A misstatement in an affidavit that is merely the result of simple negligence or inadvertence, as opposed to reckless disregard for the truth, will not render invalid the warrant based on it.”), cert. denied, 484 U.S. 975 , 108 S.Ct. 485 , 98 L.Ed.2d 484 (1987); United States v. Abra…
discussed Cited as authority (rule) Daryel Garrison v. Department of Justice (2×)
Fed. Cir. · 1996 · confidence medium
See United States v. Dien, 609 F.2d 1038, 1043 (2d Cir.1979), adhered to on reh'g, 615 F.2d 10 (2d Cir.1980); United States v. Sultan, 463 F.2d 1066, 1068-69 (2d Cir.1972).
cited Cited as authority (rule) United States v. Anthony Zucco
2d Cir. · 1982 · confidence medium
See, e.g., United States v. Jackson, 560 F.2d at 121 ; United States v. Gonzalez, 555 F.2d 308, 313 (2d Cir.1977); United States v. Sultan, 463 F.2d 1066, 1069 (2d Cir.1972).
discussed Cited as authority (rule) United States v. Hillard (2×)
S.D.N.Y. · 1982 · confidence medium
While the second prong of the test for informant information, the assertion of facts giving some assurance that the informant is a reliable person, was satisfied with respect to each of the informants by the recitals of past information which either led to arrests and convictions or was independently corroborated, see United States v. Sultan, 463 F.2d 1066, 1069 (2d Cir. 1972), the first prong of the test, the underlying circumstances of the informants’ knowledge, was not satisfied with respect to a number of the informants’ statements contained in the affidavit.
discussed Cited as authority (rule) United States v. Dorfman
N.D. Ill. · 1982 · confidence medium
See also United States v. Anderson, 542 F.2d 428, 432-33 (7th Cir. 1976); United States v. Carmichael, 489 F.2d 983, 989 (7th Cir. 1973) (en banc); United States v. Sultan, 463 F.2d 1066, 1070 (2d Cir. 1972); United States v. Kemp, 421 F.Supp. 563, 569-70 (W.D.Pa.1976); Theodor v. Superior Court, 8 Cal.3d 77 , 501 P.2d 234 , 104 Cal. Rptr. 226 (1972); State v. Baca, 84 N.M. 513 , 505 P.2d 856 (1973). 18 Furthermore, even when there is an allegation that the affiant knew the informant was lying, was reckless in reporting the story, or deliberately or recklessly misreported the informant’s sto…
discussed Cited as authority (rule) United States v. Zucco
W.D.N.Y. · 1982 · confidence medium
Informers have been found to be inherently reliable where they were: an unidentified witness to the theft of a public telephone, McCreary v. Sigler, 406 F.2d 1264, 1269 (8th Cir.), cert. denied, 395 U.S. 984 , 89 S.Ct. 2149 , 23 L.Ed.2d 773 (1969); an unidentified innocent bystander witness to conduct occurring simultaneously with criminal activity, United States v. Melvin, 596 F.2d 492, 497 (1st Cir.), cert. denied, 444 U.S. 837 , 100 S.Ct. 73 , 62 L.Ed.2d 48 (1979); United states v. Kuntz, 504 F.Supp. 706, 710 (S.D.N.Y.1980); a victim of a crime, United States v. Swihart, 554 F.2d 264, 269 (…
discussed Cited as authority (rule) United States v. David T. Lace, Roger R. Ducharme, Gary D. Butts, Patricia Eckman, and Glenn Pollack (2×)
2d Cir. · 1982 · confidence medium
Mapp v. Warden, supra, 531 F.2d at 1171 ; United States v. Sultan, 463 F.2d 1066, 1068-69 (2d Cir. 1972).
discussed Cited as authority (rule) United States v. Stewart Sporleder (2×)
10th Cir. · 1980 · confidence medium
See Spinelli v. United States, 393 U.S. 410, 425 , 89 S.Ct. 584, 593 , 21 L.Ed.2d 637 (1969) (White, J., concurring); United States v. Sultan, 463 F.2d 1066, 1068 (2d Cir. 1972).
discussed Cited as authority (rule) United States v. Naranjo-Sierra
unknown court · 1979 · confidence medium
The government contends that in the Second Circuit the corroboration necessary to establish the reliability of an informant’s information may relate to only innocent details, citing United States v. Jackson, 560 F.2d 112, 121 (2d Cir.), cert. denied, 434 U.S. 941 , 98 S.Ct. 434 , 54 L.Ed.2d 301 (1977); United States v. Gonzalez, 555 F.2d 308, 313 (2d Cir. 1977); United States v. Rollins, 522 F.2d 160, 165 (2d Cir. 1975), cert. denied, 424 U.S. 918 , 96 S.Ct. 1122 , 47 L.Ed.2d 324 (1976); and United States v. Sultan, 463 F.2d 1066, 1069 (2d Cir. 1972).
discussed Cited as authority (rule) United States v. Barnes
unknown court · 1979 · confidence medium
In United States v. Merchant Diamond Group, Inc., 565 F.2d 252 (2d Cir. 1977) (per curiam), this court repeated the established rule that " '(p)robable cause is not defeated because an informant may have erred or lied, "as long as the affiant accurately represented what was told him" '." Id. at 253 , Quoting Mapp v. Warden, 531 F.2d 1167 , 1172-73 (2d Cir.), Cert. denied, 429 U.S. 982 , 97 S.Ct. 498 , 50 L.Ed.2d 592 (1976), Quoting in turn United States v. Sultan, 463 F.2d 1066, 1070 (2d Cir. 1972).
discussed Cited as authority (rule) United States v. Barnes
unknown court · 1979 · confidence medium
In United States v. Merchant Diamond Group, Inc., 565 F.2d 252 (2d Cir. 1977) (per curiam), this court repeated the established rule that “ ‘[pjrobable cause is not defeated because an informant may have erred or lied, “as long as the affiant accurately represented what was told him” ’.” Id. at 253 , quoting Mapp v. Warden, 531 F.2d 1167 , 1172-73 (2d Cir.), cert. denied, 429 U.S. 982 , 97 S.Ct. 498 , 50 L.Ed.2d 592 (1976), quoting in turn United States v. Sultan, 463 F.2d 1066, 1070 (2d Cir. 1972).
discussed Cited as authority (rule) United States v. The Merchant Diamond Group, Inc.
2d Cir. · 1977 · confidence medium
The rule in this circuit seems to clearly provide that “[p]robable cause is not defeated because an informant may have erred or lied, ‘as long as the affiant accurately represented what was told him’.” Mapp v. Warden, New York State Correctional Institute for Women, 531 F.2d 1167 , 1172-3 (2d Cir.), cert. denied, 429 U.S. 982 , 97 S.Ct. 498 , 50 L.Ed.2d 592 (1976), quoting United States v. Sultan, 463 F.2d 1066, 1070 (2d Cir. 1972); accord, Kahn v. Flood, 550 F.2d 784 , 785 & n.2 (2d Cir. 1977).
cited Cited as authority (rule) United States v. Max Abramson, United States of America v. Frank Bonfiglio, United States of America v. Paul Cappellano, Jr.
8th Cir. · 1977 · confidence medium
United States v. Sultan, 463 F.2d 1066, 1070 (2d Cir. 1972); see United States v. Garofalo, 496 F.2d 510, 511 (8th Cir.), cert. denied, 419 U.S. 860 , 95 S.Ct. 109 , 42 L.Ed.2d 94 (1974).
cited Cited as authority (rule) United States v. Jose Gonzalez and Jose Vicente Costano
2d Cir. · 1977 · confidence medium
United States v. Rollins, 522 F.2d 160, 165 (2d Cir. 1975); United States v. Sultan, 463 F.2d 1066, 1069 (2d Cir. 1972).
discussed Cited as authority (rule) Kahn v. Flood (2×)
2d Cir. · 1977 · confidence medium
Probable cause is not defeated because an informant may have erred or lied, "as long as the affiant accurately represented what was told him", (United States v. Sultan, 463 F.2d 1066, 1070 (2d Cir. 1972)); and there is no evidence that (the affiant) misrepresented what he was told. 10 Id. at 1172-73 (footnote omitted).
discussed Cited as authority (rule) Kahn v. Flood (2×)
2d Cir. · 1977 · confidence medium
Probable cause is not defeated because an informant may have erred or lied, “as long as the affiant accurately represented what was told him”, [United States v. Sultan, 463 F.2d 1066, 1070 (2d Cir. 1972)]; and there is no evidence that [the affiant] misrepresented what he was told.
discussed Cited as authority (rule) United States v. Eliseo Sanchez Rueda
2d Cir. · 1977 · confidence medium
“An untested informant’s story may be corroborated by other facts that become known to the [arresting agent], even if they corroborate only innocent aspects of the story.” United States v. Sultan, 463 F.2d 1066, 1069 (2d Cir. 1972).
cited Cited as authority (rule) United States v. Ebare
N.D.N.Y. · 1976 · confidence medium
Jones v. United States, supra; United States v. Sultan, 463 F.2d 1066, 1069 (2 Cir.1972). .
discussed Cited as authority (rule) United States v. Wyadell Edmonds (2×)
2d Cir. · 1976 · confidence medium
United States v. Rollins, 522 F.2d 160, 164 (2d Cir. 1975); United States v. Sultan, 463 F.2d 1066, 1069 (2d Cir. 1972); United States v. Acarino, 408 F.2d 512 (2d Cir.), cert. denied, 395 U.S. 961 , 89 S.Ct. 2101 , 23 L.Ed.2d 746 (1969); United States ex rel.
cited Cited as authority (rule) United States v. Robert Bennett Schwartz
2d Cir. · 1976 · confidence medium
United States v. Rollins, 522 F.2d 160, 165 (2d Cir. 1975); United States v. Sultan, 463 F.2d 1066, 1070 (2d Cir. 1972).
cited Cited as authority (rule) Vasserman v. Warden
S.D.N.Y. · 1976 · signal: cf. · confidence medium
Cf. United States v. Sultan, 463 F.2d 1066, 1068-69 (2d Cir. 1972); United States v. Dunnings, 425 F.2d 836, 839 (2d Cir. 1969), cert. denied, 397 U.S. 1002 , 90 S.Ct. 1149 , 25 L.Ed.2d 412 (1970). .
discussed Cited as authority (rule) Mapp v. Warden (2×)
2d Cir. · 1976 · confidence medium
This corroboration of the informant's story, sufficient in itself to establish reliability, Sultan, supra, 463 F.2d at 1069; Rollins, supra, 522 F.2d at 165 , was bolstered by Mapp's remarks, overheard by Detective Bergersen, which clearly indicated that a narcotics business was being conducted at both the North Conduit Avenue and Nashville Boulevard addresses.
cited Cited as authority (rule) Mapp v. Warden, New York State Correctional Institution for Women
2d Cir. · 1976 · confidence medium
United States v. Sultan, 463 F.2d 1066, 1068 (2d Cir. 1972); United States v. Viggiano, 433 F.2d 716, 718 (2d Cir.), cert. denied, 401 U.S. 938 , 91 S.Ct. 934 , 28 L.Ed.2d 219 (1970).
discussed Cited as authority (rule) United States v. James Henry Rollins, A/K/A \Lee Evans\""
unknown court · 1975 · confidence medium
In such cases, we have not required a recitation that an informant shall have previously supplied accurate information, but have merely held that such a recitation would be sufficient to justify reliance on the informant’s story. *165 United States v. Sultan, 463 F.2d 1066, 1068-69 (2d Cir. 1972); United States v. Bozza, 365 F.2d 206, 225 (2d Cir. 1966); see United States v. Harris, 403 U.S. 573, 581-82 , 91 S.Ct. 2075 , 29 L.Ed.2d 723 (1971); United States v. Viggiano, supra, 433 F.2d at 719 ; cf. United States v. Canieso, 470 F.2d 1224, 1231 (2d Cir. 1972).
discussed Cited as authority (rule) United States v. Steven Pond and David Fanelli
2d Cir. · 1975 · confidence medium
We concur with the district court that the affidavit established the general reliability of the informant, as further required by Aguilar, supra. Indeed, in United States v. Sultan, 463 F.2d 1066, 1069 (2d Cir. 1972), a recitation, such as that in Paragraph Six of the affidavit here, supra note 3, that the informant previously provided information resulting in arrests and seizures of large quantities of marijuana was alone sufficient to establish the informant’s reliability.
discussed Cited as authority (rule) United States v. Howard M. Bronstein and Douglas P. Pennington (2×)
2d Cir. · 1975 · confidence medium
See United States v. Ventresca, 380 U.S. 102, 111 , 85 S.Ct. 741 , 13 L.Ed.2d 684 (1965); United States v. Sultan, 463 F.2d 1066, 1069 (2d Cir. 1972).
cited Cited as authority (rule) United States Ex Rel. Cubicutti v. Vincent
S.D.N.Y. · 1974 · confidence medium
United States v. Sultan, 463 F.2d 1066, 1068-1069 (2 Cir. 1972).
cited Cited as authority (rule) United States v. Canestri
D. Conn. · 1974 · confidence medium
United States v. Sultan, 463 F.2d 1066, 1068-1069 (2 Cir. 1972); United States v. Bozza, 365 F.2d 206, 225 (2 Cir. 1966).
discussed Cited as authority (rule) United States v. James J. Garofalo, United States of America v. Alphonse Patrizzi
8th Cir. · 1974 · signal: cf. · confidence medium
Cf. United States v. Marihart, 492 F.2d 897 (8th Cir., 1974). “[PJrobable cause is not defeated because an informant is later proved to have lied, as long as the affiant accurately represented what was told him.” United States v. Sultan, 463 F.2d 1066, 1070 (2d Cir. 1972).
discussed Cited as authority (rule) In re Grand Jury Subpoena of Vigorito
E.D.N.Y · 1974 · confidence medium
Within the limits indicated in United States v. Sultan, 2d Cir. 1972, 463 F.2d 1066 at 1069-1070 (and note United States v. Lam, 2d Cir. 1973, 483 F.2d 1202 ), it is concluded, the moving parties have the right to have the orders and supporting affidavits disclosed to their counsel so that he may determine whether or not to advise a contest of the validity of the orders.
discussed Cited as authority (rule) United States v. Manuel Gonzalez
2d Cir. · 1973 · confidence medium
Ed.2d 299 (1967), the court stated that it is sufficient support for a warrant that “ . . . the facts alleged by the informant, if true establish illegality and the affiant-agent has reasonable grounds for believing in the truth of the allegations.” In United States v. Suarez, 380 F.2d 713, 716 (2d Cir. 1967), the court stated in dicta that “[i]t may be that testimony at trial could so clearly demolish statements in an affidavit supporting a warrant, that a prior denial of a motion to suppress would be overruled.” In United States v. Sultan, 463 F.2d 1066, 1070 (2d Cir. 1972), the *838…
discussed Cited as authority (rule) United States v. James W. Counts and Zedrick Elam
2d Cir. · 1973 · confidence medium
United States v. Sultan, 463 F.2d 1066, 1069 (2d Cir. 1972); United States v. Lewis, 392 F.2d 377, 378-79 (2d Cir.), cert. denied, 393 U.S. 891 , 89 S.Ct. 212 , 21 L.Ed.2d 170 (1968); United States v. Freeman, 358 F.2d 459 (2d Cir.), cert. denied, 385 U.S. 882 , 87 S.Ct. 168 , 17 L.Ed.2d 109 (1966).
cited Cited "see" United States v. Blake
2d Cir. · 2014 · signal: see · confidence high
See United States v. Sultan, 463 F.2d 1066, 1069 (2d Cir.1972) (corroboration of “innocent” details may make informant’s account of contested aspects more likely).
discussed Cited "see" American Samoa Government v. Maletino
amsamoa · 2005 · signal: see · confidence high
See United States v. Garofalo, 496 F.2d 510, 511 (8th Cir. 1974) (‘“Probable cause is not defeated because an informant is later proved to have lied, as long as the affiant accurately represented what was told him’”) (quoting United States v. Sultan, 463 F.2d 1066 , 1070 (2nd Cir. 1972)).
discussed Cited "see" United States v. Jorge William Gaviria and Victor Contreras
2d Cir. · 1986 · signal: see · confidence high
This court has noted that “evidence sufficient to show probable cause by corroborating even a previously unknown informant may be found in circumstances which do not actually establish the crime itself.” United States v. Rueda, 549 F.2d at 870 ; see United States v. Sultan, 463 F.2d 1066, 1069 (2d Cir.1972).
cited Cited "see" United States v. James Hillard, Robert Allen and Samuel Hillard
2d Cir. · 1983 · signal: see · confidence high
See United States v. Sultan, 463 F.2d 1066, 1069 (2d Cir.1972).
cited Cited "see" United States v. Donald J. Dien, Sanford S. Gendler, and Michael E. Dakota
2d Cir. · 1979 · signal: see · confidence high
See United States v. Sultan, 463 F.2d 1066 (2d Cir. 1972).
cited Cited "see" United States v. Robert Jackson, William Scott and Martin Allen
2d Cir. · 1977 · signal: see · confidence high
See United States v. Sultan, 463 F.2d 1066, 1068-69 (2d Cir. 1972); United States v. Gonzalez, 555 F.2d 308 (2d Cir. 1977).
discussed Cited "see" United States v. Garcia
usarmymilrev · 1977 · signal: see · confidence high
See United States v. Sultan, 463 F.2d 1066, 1068-69 (2d Cir. 1972); compare United States v. Scarborough, 23 U.S.C.M.A. 51 , 48 C.M.R. 522 (1974), with United States v. Llano, 23 U.S.C.M.A. 129 , 48 C.M.R. 690 (1974).
cited Cited "see" United States v. Martin F. Burke
2d Cir. · 1975 · signal: see · confidence high
See United States v. Sultan, supra, 463 F.2d at 1068 .
cited Cited "see, e.g." United States v. Volpe
D. Conn. · 1977 · signal: see also · confidence medium
See also United States v. Sultan, 463 F.2d 1066, 1070 (2d Cir. 1972); United States v. Perry, 380 F.2d 356, 358 (2d Cir. 1967).
discussed Cited "see, e.g." United States v. Steve Karathanos and John Karathanos (2×)
2d Cir. · 1976 · signal: see, e.g. · confidence medium
See, e.g., United States v. Sultan, 463 F.2d 1066, 1068 (2d Cir. 1972).
Retrieving the full opinion text from the archive…
United States
v.
Samual Sultan
645.
Court of Appeals for the Second Circuit.
Jul 5, 1972.
463 F.2d 1066
Published

463 F.2d 1066

UNITED STATES of America, Appellant,
v.
Samual SULTAN, Appellee.

No. 645, Docket 72-1114.

United States Court of Appeals,

Second Circuit.

Argued April 18, 1972.
Decided July 5, 1972.

Ronald E. DePetris, Asst. U. S. Atty. (Robert A. Morse, U. S. Atty., E.D.N.Y., David G. Trager, Asst. U. S. Atty., on the brief), for appellant.

Stephen A. Russo, New York City (submitted), for appellee.

Before WATERMAN, HAYS and FEINBERG, Circuit Judges.

HAYS, Circuit Judge:

[*~1066]1

The Government appeals from an order of the United States District Court for the Eastern District of New York, granting Samuel Sultan's motion to suppress evidence seized from his residence pursuant to a search warrant. We reverse.

2

Sultan was indicted for knowingly and fraudulently concealing the assets of a bankrupt, in violation of 18 U.S.C. Sec. 152 (1970). He is the principal officer of Sultan's Big Discount, Inc., which was adjudicated an involuntary bankrupt on June 8, 1970. On the basis of an affidavit sworn to on January 7, 1971, George M. Hand, a Special Agent of the FBI investigating the case, applied to a United States magistrate for a search warrant. The warrant was issued and was executed the same day. The search resulted in the discovery and seizure of assets of the bankrupt that were being concealed at Sultan's residence and garage. The district court granted Sultan's motion to suppress this evidence on the ground that the warrant was issued without probable cause.

3

Agent Hand's affidavit recited his belief that "general merchandise and assets of Sultan's Big Discount, Inc." were being concealed on Sultan's property, and it continued as follows:

4

"The source of your deponent's information and the grounds for his belief are as follows:

5

1. An involuntary petition of bankruptcy was filed on or about April 15, 1970 . . . by . . . creditors of the said bankrupt Sultan's Big Discount, Inc.

6

2. Investigation by your deponent which revealed that Samuel Sultan . . . was and still is principal officer of the bankrupt . . . .

7

3. Information given to your deponent by one Charles Sultan, cousin of Samuel Sultan, that he was told by Samuel Sultan on or about January 5, 1971 that the merchandise and assets of the bankrupt Sultan's Big Discount, Inc. were being concealed from the Trustee in Bankruptcy in the house at 1557 East 21st St., Brooklyn, N.Y., and additionally, in a detached garage on said premises."

I.

[*~1067]8

The issue on this appeal is whether Hand's affidavit was sufficient to establish probable cause for believing that Samuel Sultan was committing a crime. In deciding this issue we are mindful that probable cause is more readily found to support a warrant than to validate a warrantless arrest or search. United States v. Ventresca, 380 U.S. 102, 106-107, 85 S.Ct. 741, 13 L. Ed.2d 684 (1965); Aguilar v. Texas, 378 U.S. 108, 110-111, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964); Jones v. United States, 362 U.S. 257, 270-271, 80 S.Ct. 725, 4 L.Ed.2d 697 (1960).

9

The hearsay statement of Charles Sultan, as set out in the third paragraph of the affidavit above, was concededly necessary to establish probable cause. When an affiant seeking a search warrant relies on hearsay,

10

"the magistrate must be informed of some of the underlying circumstances from which the informant concluded that the narcotics were where he claimed they were, and some of the underlying circumstances from which the officer concluded that the informant, whose identity need not be disclosed, . . . was 'credible' or his information 'reliable."'

11

Aguilar v. Texas, supra, 378 U.S. at 114, 84 S.Ct. at 1514 (footnote omitted).

12

The requirement of Aguilar, that the basis of the informant's belief be shown, is met here by the informant's statement that his information was based upon defendant's own admission. See Spinelli v. United States, 393 U.S. 410, 416 (1969), and id. at 425, 89 S.Ct. 584, 21 L.Ed.2d 637 (White, J. concurring); United States v. Ventresca, supra, 380 U.S. at 110, 85 S.Ct. 741; United States v. Alonzo, 447 F.2d 126 (2d Cir. 1971); United States v. Dunnings, 425 F.2d 836, 839 (2d Cir. 1969), cert. denied, 397 U.S. 1002, 90 S.Ct. 1149, 25 L.Ed.2d 412 (1970); United States v. Bozza, 365 F. 2d 206, 224-225 (2d Cir. 1966); United States v. Freeman, 358 F.2d 459 (2d Cir.), cert. denied, 385 U.S. 882, 87 S.Ct. 168, 17 L.Ed.2d 109 (1966).

[*1069]13

The district court held, however, that the affidavit did not meet the requirement of Aguilar that there be some showing of the trustworthiness of the informant himself. We disagree. A recitation that an unnamed informant has previously supplied accurate information is sufficient to justify reliance on the informant's story, United States v. Dunnings, supra, 425 F.2d at 839; United States v. Ramos, 380 F.2d 717 (2d Cir. 1967); United States v. Perry, 380 F.2d 356, 358 (2d Cir.), cert. denied 389 U.S. 943, 88 S.Ct. 307, 19 L.Ed.2d 299 (1967); United States v. Freeman, supra, 358 F.2d at 462, but it is not necessary. "Such a recital . . . is only one way of validating hearsay . . . ." United States v. Bozza, supra, 365 F.2d at 225. See also United States v. Harris, 403 U.S. 573, 581-582, 91 S.Ct. 2075, 29 L.Ed.2d 723 (1971) (plurality opinion). An untested informant's story may be corroborated by other facts that become known to the affiant, even if they corroborate only innocent aspects of the story. See United States v. Dzialak, 441 F.2d 212 (2d Cir.), cert. denied, 404 U.S. 883, 92 S.Ct. 218, 30 L.Ed.2d 165 (1971); United States v. Viggiano, 433 F.2d 716 (2d Cir. 1970), cert. denied, 401 U.S. 938, 91 S.Ct. 934, 28 L.Ed.2d 219 (1971). Information from named and unnamed informants has been held sufficient by virtue of the status of the informants or their relationship to the crime or to the defendant. United States ex rel. Cardaio v. Casscles, 446 F.2d 632, 637 (2d Cir. 1971) (victim of crime, despite his own criminal involvement); United States v. Viggiano, supra (named informant implicated himself in criminal activity); United States v. Conti, 361 F.2d 153, 156 (2d Cir. 1966), vacated and remanded on other grounds sub nom. Stone v. United States, 390 U.S. 204, 88 S.Ct. 899, 19 L. Ed.2d 1035 (1968) (unnamed Special Agent of the Internal Revenue Service); McCreary v. Sigler, 406 F.2d 1264 (8th Cir.), cert. denied, 395 U.S. 984, 89 S.Ct. 2149, 23 L.Ed.2d 773 (1969) (unnamed eyewitness); United States v. Brown, 455 F.2d 1201 (9th Cir. 1972) (confessing co-criminal); Louie v. United States, 426 F.2d 1398, 1401 (9th Cir.), cert. denied, 400 U.S. 918, 91 S.Ct. 180, 27 L.Ed.2d 158 (1970) (co-criminal who admitted guilt and cooperated with police); Ignacio v. Territory of Guam, 413 F.2d 513, 519 (9th Cir. 1969), cert. denied, 397 U.S. 943, 90 S.Ct. 959, 25 L. Ed.2d 124 (1970) (neighbor); Parker v. United States, 407 F.2d 540, 542 (9th Cir. 1969) (defendant's small daughter).

14

The principle in all these cases, of course, is that the magistrate must have a "'substantial basis' for crediting the hearsay." United States v. Harris, supra, 403 U.S. at 581, 91 S.Ct. at 2080 (plurality opinion). See also Jones v. United States, supra, 362 U.S. at 269, 271, 80 S.Ct. 725; United States v. Bozza, supra, 365 F.2d at 225. This principle, and the cases cited above, lead to the conclusion that the affidavit offered to the magistrate in this case was sufficient for him to conclude that Charles Sultan was reliable. He was named in the affidavit, was related to the defendant, and was reporting an admission of criminal activity by the defendant.

15

Moreover, the Supreme Court has noted that when certain kinds of crimes are involved, informants are "much less likely" to lie than "in narcotics cases or other common garden varieties of crime . . . ." Jaben v. United States, 381 U.S. 214, 224, 85 S. Ct. 1365, 1370, 14 L.Ed.2d 345 (1965). Jaben was a tax evasion case. The principle would appear equally applicable to a case of bankruptcy fraud.

16

We conclude that the affidavit on its face fulfilled the constitutional requirement that it be issued only on a showing of probable cause.

II.

[*1070]17

The district judge also invalidated the affidavit on the ground that "the hearing on the defendant's motion revealed a material discrepancy between the informant's testimony under oath and the information the affidavit alleges he gave Agent Hand" (footnote omitted). However our own examination of the testimony gives rise to considerable doubt that the discrepancy was in fact material.[1] More importantly, probable cause is not defeated because an informant is later proved to have lied, as long as the affiant accurately represented what was told him. United States v. Dunnings, supra, 425 F.2d at 839-840; United States ex rel. DeRosa v. LaVallee, 406 F.2d 807, 808 (2d Cir.), cert. denied, 396 U.S. 854, 90 S.Ct. 115, 24 L. Ed.2d 103 (1969) (probable cause is "determined solely upon the information presented to the issuing magistrate, unless, of course, this is proved to have been false, to the knowledge of the affiant, in a material respect" (emphasis added)).[2] As this court said in United States v. Perry, supra,

18

"the accuracy of the information provided by the informant is not relevant. Probable cause is established if the facts alleged by the informant, if true, establish illegality and the affiant-agent has reasonable grounds for believing in the truth of the allegations."

19

Id. 380 F.2d at 358.

20

United States v. Roth, 391 F.2d 507 (7th Cir. 1967), which is relied on heavily by Sultan here, does not lead to a contrary result; in that case the discrepancy, as revealed by the affiant's own testimony, was between what the informant told the affiant and the affiant's statement in his affidavit. We do not read the district court opinion as finding that Agent Hand knowingly misrepresented his knowledge to the magistrate. Nor did Charles Sultan ever deny saying to Hand what Hand said he had said. The mere possibility that he lied to Agent Hand does not, as the foregoing cases demonstrate, invalidate the warrant.

21

The district court also held that the discrepancies in the testimony disproved Agent Hand's representation that Charles Sultan was reliable. Again, however, this evidence of his unreliability was not shown to have been known to Agent Hand.

III.

22

Sultan urged unsuccessfully below, and urges here as an alternative ground for affirming the order of the district court, that the warrant failed to describe the things to be seized with sufficient particularity. In this context of a bankrupt corporation that had a wide-ranging inventory, the phrase "various general merchandise and assets of Sultan's Big Discount, Inc." was sufficiently specific. United States v. Pascente, 387 F.2d 923, 924 (7th Cir. 1967), cert. denied, 390 U.S. 1005, 88 S.Ct. 1248, 20 L.Ed.2d 105 (1968). "[W]hen first amendment rights are not involved, the specificity requirement is more flexible." United States v. Scharfman, 448 F.2d 1352, 1354 (2d Cir. 1971), cert. denied, 405 U.S. 919, 92 S.Ct. 944, 30 L. Ed.2d 789 (1972). See Stanford v. Texas, 379 U.S. 476, 485-486, 85 S.Ct. 506, 13 L.Ed.2d 431 (1965).

23

The order of the district court is reversed.

1

At the hearing, Charles Sultan testified as to his conversations with Samuel and with Agent Hand. He said that Samuel had told him "that this merchandise [that Samuel had taken to his home] was brought in from the warehouse in Long Island . . . ." The Government's efforts to ascertain whether the merchandise belonged to the bankrupt were blocked by objections, which were apparently sustained on the sole ground that the questions were leading, or that the answers were unresponsive. The district court held that Charles's testimony, as quoted above, contradicted Agent Hand's testimony and his affidavit, because Charles "did not mention the bankrupt corporation nor its assets," and did not state that the merchandise came from "the business premises of a bankrupt."

2

Since a hearing was in fact held on the existence of factual inaccuracies in the affidavit, this case does not raise the question, which is still open, of when an evidentiary hearing must be had on the question when the affidavit and warrant are valid on their face. Rugendorf v. United States, 376 U.S. 528, 84 S.Ct. 825, 11 L.Ed.2d 887 (1964); United States v. Ramos, supra; United States v. Suarez, 380 F.2d 713 (2d Cir. 1967); United States v. Freeman, supra, 358 F. 2d at 463 n. 4. See United States v. Halsey, 257 F.Supp. 1002 (S.D.N.Y. 1966), aff'd in open court, June 12, 1967 (No. 31369); Note, Testing the Factual Basis for a Search Warrant, 67 Colum.L.Rev. 1529 (1967)