Carroll v. United States, 267 U.S. 132, 158, 45 S. Ct. 280, 69 L. Ed. 543 (1925):
'When a man is legally arrested for an offense, whatever is found upon his person or in his control which it is unlawful for him to have and which may be used to prove the offense may be seized and held as evidence in the prosecution.'
The court has jurisdiction since the money and checks were in the possession of the revenue agents when the libels were filed. Dodge v. United States, 272 U.S. 530, 532, 47 S. Ct. 191, 71 L. Ed. 392 (1926). We conclude that the arrests of Sigal, Granoff and Rabinovitz pursuant to the arrest warrants were legal; that the search of their persons incident to the arrests was legal; that the currency and checks found in their pockets are contraband and should be forfeited to the United States; that the search of the premises known as Whitey's pursuant to the search warrant was legal; that the gambling paraphernalia seized in the premises, including the currency and checks found in the pockets of Sigal, Granoff, and Rabinovitz, were instrumentalities used in the commission of the crime of unlawfully engaging in the business of wagering; and that the motions to suppress evidence should be denied.
Appropriate orders will be entered.
'UNITED STATES OF AMERICA ss: WESTERN DISTRICT OF PENNSYLVANIA 'Robert J. Madden, Special Agent, Internal Revenue Service, 1005 Chamber of Commerce Building, Pittsburgh, Pennsylvania, being duly sworn according to law, deposes and says: 'I have been a Special Agent with the Internal Revenue Service since August, 1945. 'I have reason to believe that on the premises known as 1618 Centre Avenue, Pittsburgh, Pennsylvania, being further described as Whitey's Restaurant and Poolroom, there is now being concealed certain property, namely bookmaking records, wagering paraphernalia consisting of bet slips, run-down sheets, account sheets, record books, numbers tapes, adding machines and money used in or derived from a bookmaking operation, which are being used in violation of Sections 4411, 4412 and 7203 of the Internal Revenue Code of 1954. 'The facts tending to establish the foregoing grounds for issuance of a search warrant are as follows: 'A confidential informant, who has furnished reliable information in the past, informed me that Meyer Sigal is the head of a large numbers operation in the Hill District of the City of Pittsburgh, Pennsylvania, and that Nathan Granoff and a white male, called 'Piggy,' 5' 7' tall, dark complected, weighing 125 to 140 lbs. with dark hair, assist Sigal in the conduct of this numbers operation. He told me that David Berkowitz and Sam Parrotto are two of his lieutenants in the operation. He informed me that numbers packs are turned in at the aforesaid Whitey's Restaurant and Poolroom, 1618 Centre Avenue, Pittsburgh, Pennsylvania, both in the front section and the back, poolroom section, between the hours of 2:00 and 3:00 p.m. and that a pick-up man takes the numbers each afternoon to a headquarters for tabulation. The informant also told me that he observed Meyer Sigal meet with his principal writers each morning at the aforesaid Whitey's Restaurant and Pool Room between 8:30 and 10:30 a.m. and makes cash settlements and pays off on hits. 'Two additional informants, who at this time must remain unidentified, but who are known to me to have furnished reliable information in the past, reported to me that on September 11, 1961, Sigal was observed accepting numbers packs from known numbers operators, in the poolroom section of the aforesaid Whitey's Restaurant and Pool Room and that Nathan Granoff assisted him. 'On November 9, 1961, these same two informants reported to me that during the period of October 16 through 30 and November 6 through 9, 1961, Meyer Sigal was observed each morning working on adding machine tapes with Granoff and 'Piggy' and stuffing money in bank type envelopes. These envelopes were usually stored near the telephone and sometimes put into the cash register or behind the counter. On November 7 and 8, 1961, Sam Parrotto was observed giving Sigal a large pack of money. They also reported that during the period October 16 to 21, 1961, and November 6 to 9, 1961, they observed numbers packs being turned in at Whitey's Restaurant and Pool Room between 2:00 and 3:00 p.m., to 'Piggy.' 'These same two informants reported to me that they were present in aforesaid Whitey's Restaurant and Pool Room on September 28, 1961, at 10:30a.m. when Meyer Sigal held a meeting with certain individuals, including Sam Parrotto, David Berkowitz, Nathan Granoff and 'Piggy.' The informants overheard a discussion between the persons present as to whether Meyer Sigal should meet with the Fifth Avenue Group, another numbers organization, which reportedly raised their payoff odds to 800 to 1. According to the discussion overheard, Sigal's Bank had raised their payoff odds from 600 to 1 to 700 to 1 and the commission of the numbers writers was cut to 15%. Sam Parrotto and David Berkowitz spoke frequently in the meeting against changing the payoff odds. Sigal took the position that he had a $ 600 payroll to take care of the writers problems. The informants overheard Sigal finally agree to meet with the Fifth Avenue Group, and after making several telephone calls he left Whitey's with Granoff at 1:30 p.m. 'On October 19, 1961, at the aforesaid Whitey's Restaurant and Pool Room, these same informants overheard a Negro male individual asking Sigal's permission to open a numbers station. Sigal told him he would have to confine his activities to the area around Whitey's old place. On November 9, 1961, Granoff was observed going into the basement at Whitey's Restaurant and Poolroom for supplies. 'On November 15, 1961, I personally searched the records of the District Director, Pittsburgh, Pennsylvania, for all wagering tax stamps issued in the Pittsburgh District for the period July 1, 1961 to November 16, 1961. I found no record of the registration or issuance of a wagering occupational tax stamp to Meyer Sigal, Nathan Granoff, David Berkowitz or Sam Parrotto. My search of the District Director's records also disclosed that the premises known as Whitey's Restaurnat and Pool Room, 1618 Centre Avenue, Pittsburgh, Pennsylvania, was not registered as a business or residence address of a wagering tax stamp holder.
'Robert J. Madden Robert J. Madden Special Agent
'Sworn to before me, and subscribed in my presence, November 17, 1961.
'Alex L. McNaugher United States Commissioner'