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September 14, 1970

UNITED STATES of America ex rel. Raymond William MANN
Joseph F. MAZURKIEWICZ, Sup't.

Troutman, District Judge.

The opinion of the court was delivered by: TROUTMAN

TROUTMAN, District Judge.

 Relator, a State prisoner, is presently incarcerated at the State Correctional Institution at Pittsburgh, Pennsylvania, serving a two to ten year sentence imposed on April 21, 1967, after being convicted of burglary, larceny and conspiracy on Bill No. 523, Montgomery County, Pennsylvania, November Term 1965. Relator's motions for a new trial and in arrest of judgment were denied by the trial judge and both the Superior (June 21, 1967) and Supreme (June 24, 1968) Courts of Pennsylvania affirmed such denial.

 In his petition for a writ of habeas corpus relator raises two grounds, namely, that his arrest without a warrant was not based upon probable cause in violation of his rights under the Fourth and Fourteenth Amendments to the United States Constitution and that "[relator] was prejudiced by the use of evidence gathered as a consequence of an illegal search and seizure directed at [relator's co-defendant] * * * Edward Henderson". *fn1"

 We have carefully reviewed the State record and have found it sufficiently complete as to make a further evidentiary hearing unnecessary. See Townsend v. Sain, 372 U.S. 293, 83 S. Ct. 745, 9 L. Ed. 2d 770 (1963); United States ex rel. Montanez v. Rundle, 226 F. Supp. 118 (E.D. Pa. 1964). The record indicates the following facts:

 On December 21, 1965, Detective John Ryan, a member of the Major Crimes Division of the Philadelphia Police Department, received information from a confidential source that relator and his co-defendant Henderson were committing residential burglaries in the greater Philadelphia area. As a result of the information received Detectives Ryan and Charles Snyder were instructed to place the relator Raymond Mann and Edward Henderson under surveillance. Both detectives knew Mann and Henderson on sight since they had prior incidents with the law over a period of approximately six to seven years. On December 30, 1965, at about 6 P.M. the detectives, from unmarked police vehicles, observed relator and his co-defendant leaving a taproom at Fifteenth and Wingohocking Streets in Philadelphia. Henderson got into a 1959 White Lincoln Continental convertible and relator got into a 1959 blue Rambler sedan. Both drove in a northerly direction with Henderson in the lead and with the police following at a distance until they reached Montgomery Avenue, leading to Springfield Township, Montgomery County, Pennsylvania. At about 6:45 P.M., the police lost sight of the two men for approximately fifteen minutes until a Springfield Township officer observed Mann's unattended vehicle on Harston Lane in Springfield Township. Mann's vehicle was placed under surveillance. After 7:15 P.M. Detective Ryan saw Henderson drive up in his Lincoln and let Mann out, whereupon Mann entered his own car, both made U-turns and drove out Harston Lane. Immediately thereafter relator was apprehended by Officer Williams of the Springfield Township police and Detective Snyder at Bethlehem Pike and Franklin Street after a short chase. Approximately two hours later Henderson returned to Fifteenth and Wingohocking Streets in his Lincoln and was arrested, searched and taken to police headquarters at Eighth and Race Streets. The search of Henderson's person uncovered six silver dollars. No warnings were given to Henderson at the time of his arrest and the police then had no knowledge that any particular burglary had taken place on December 30.

 At about 11:30 P.M. Detective Ryan appeared before Magistrate Raymond Malone and obtained a warrant to search Henderson's Lincoln. The property to be seized was described as "furs, (stoles, coats and jackets) jewelry, stocks and bonds. Also burglar tools". The statement of probable cause given by Detective Ryan is as follows:

The assigned received information from a confidential source to the effect that Edward Henderson PP #274778 who has a record of 17 arrests, 4 of which are for burglary and Raymond Mann PP #273931 who has a record of 9 arrests 7 of which are for burglary, were committing burglaries in the greater Phila. area. The undersigned did personally observe Mann on Wed. 12-22-65 pick up Henderson at his residence 4506 N. Hicks St. On 12-29-65 the assigned again observed Mann, coming out of a tap room on the S.W. corner of 15th and Wingohocking St. in company with Henderson, Mann got into his car alone and left the vicinity. On Dec. 30th, 1965 the assigned in company with Det. Snyder #715, MCD, observed the subjects car mentioned above parked on Wingohocking St. east of 15th St. also observed parked on 15th St. north of Wingohocking St. a 1960 Rambler Sdn. Pa. 454-44P this car being the one used by Mann. At 5:30 P.M. 12/30/65 observed Henderson & Mann come out tap room SW 15th & Wingohocking Sts. get into their respective cars a mobile surveillance was conducted which led to Springfield Twnsp. at which location the Rambler was observed parked on Harston La. at 7:15 P.M. the Lincoln Snd. (sic) was drive (sic) up to the Rambler Sdn. Pa. 45544P (sic), stop and allow Raymond Mann to get out he in turn got into the Rambler and both cars made "U" turns and drove out of Harston La. turning at the corner and going opposite directions. Agt. Arbury Williams, Plcmn. James Boyle and Det. Snyder stopped Mann after a short chase at Franklin Rd. & Bethlehem Pike. All of the above actions indicate to the assigned that the person's mentioned were in the process of committing a burglary or were coming from a burglary.
/s/ John F. Ryan
Detective #760,
Major Crimes Div.

 Upon the basis of the above a search warrant was issued and later that evening Detective Snyder drove the Henderson vehicle to police headquarters where it was searched. The search uncovered one mink jacket with the initials LHA sewn into the lining, as well as two flashlights, three screwdrivers, a pair of ice grips, a pair of gloves, and a license tag issued to another vehicle. The mink jacket was subsequently introduced into evidence at relator's trial. *fn2"

 On December 31, 1965, a burglary was first reported to have occurred at 1403 Paper Mill Road in Springfield Township at the residence of Louise H. Altman, whose family was away at the time, so the first time that the police had official notice that a particular crime had been ...

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