◆ SpookStack

Severél decisions of the Supreme Court have established they general rule that under the Fourth Amenadment, when probable cauge to search or arrest is based upon an infermant's tip, the offfcers relying on the informant must have facts supporting (1)' the informant's crea@ibility, and (2) the informent's con- clusion. 3/ The Merch 19 memorandum contains no facts sup 2port— ing a belief that the telephone informant wes reliable. In addition, the informant's conclusior. that Hearst was in Apart- ment 10 does not appear to be supported by underlying--facts that would justify such a conclusion. Thus in our view the FBI had no authority to enter Apartment 10 based’ upon the fact that probable cause existed to believe Hearst was there. The FBI officers might have hac authority to enter Apart- ment 10 if they reasonably believed, efter anncuncing their presence, that forcible:entry was necessary te prevent personal injury to the officers. 4/ Hewever, we are unabie.- to fing , sufficient facts stated in the FBI mencrancun which weulé have ‘supported such a belief. ; : In order to make a final @Getermiration as to wnethes ane probable cause existed to support a search of Apartment 16, the. facts contained in a full report on the incident from the FPEI's Inspection Division would be most helpfel.- I would recommend that you request a copy of this report. II.. aditional Lecal Issues Discusseé in the | March 21 \ Henofendun The FBI's Karch 21 memorandum discussed several legal issues which do not appear directly relevant to the avestion of whether FBI officers had euthority to searcn Apartment 106 “in order to arrest Patty Hearst. We address them here only for the sake of completeness. ; . . * A. Authority cf law enfcrcement officers to search the premises of the Suspect named an an arrest werrant to execute the warrant : =a Citing Paper v. U.S., 5/ U.S. v. Isines, 6/ and U.S, v. Retolaza, a page two of the FBI memoreangtm asserts that _ RaW ‘enforcenent officers may lawfully enter and search the residence of a suspect named in an arrest warrant without ‘ probable cause to believe that the sus spect is at home. That 4 Zi a 7 -