more lottery slips and a large amount of cash on his person.
The trial judge concluded that the evidence presented to the issuing magistrate was sufficient basis for issuance of the warrant, that the arrest and search and seizure were lawful, and that the evidence thus seized was properly admissible.
In order for a valid arrest warrant to issue, there must be presented to the judicial officer sufficient facts from which he may independently conclude that probable cause exists. Giordenello v. United States, 357 U.S. 480, 78 S. Ct. 1245, 2 L. Ed. 2d 1503 (1958). Probable cause exists when sufficient facts have been established to warrant a man of reasonable caution with reasonably trustworthy information in believing that an offense had been committed and that the accused had committed that offense. See Beck v. Ohio, 379 U.S. 89, 85 S. Ct. 223, 13 L. Ed. 2d 142 (1964); Carroll v. United States, 267 U.S. 132, 45 S. Ct. 280, 69 L. Ed. 543 (1925).
Where a warrant is based on information received from an informer, the police must establish that the informer was reliable and that the manner in which the informer obtained his information was reliable. Spinelli v. United States, 393 U.S. 410, 89 S. Ct. 584, 21 L. Ed. 2d 637 (1969); Aguilar v. Texas, 378 U.S. 108, 84 S. Ct. 1509, 12 L. Ed. 2d 723 (1964). The credibility of the informer and the reliability of his information may be established by corroborating external circumstances. Draper v. United States, 358 U.S. 307, 79 S. Ct. 329, 3 L. Ed. 2d 327 (1959); Costello v. United States, 324 F.2d 260 (9th Cir. 1963), cert. denied, 376 U.S. 930, 84 S. Ct. 699, 11 L. Ed. 2d 650 (1964); United States ex rel. Altizer v. Mazurkiewicz, Civil Action No. 70-777 (E.D. Pa., filed June 8, 1970); United States v. Altizer, 308 F. Supp. 376 (E.D. Pa. 1970).
In the instant case, the informer's credibility and the reliability of his information were sufficiently established by the police at the time the warrant was issued. The police affidavit indicated (although without detail) that the informer had previously supplied information which had led to a number of convictions, but more importantly, police surveillance of Saunders' activities had corroborated the informer's information as to the route, the time of day the route was travelled, and to the type of automobile used. From what the police had themselves observed it was obvious that the information supplied by the informer was based on personal observation and was more than a rumor of general circulation in the underworld. See Spinelli v. United States, supra.
From all the information presented to him, the magistrate could reasonably conclude that an offense had been committed and that Saunders had committed it. There was probable cause for the issuance of the arrest warrant. Toohey v. United States, 404 F.2d 907 (9th Cir. 1968); Churder v. United States, 387 F.2d 825 (8th Cir. 1968) (Opinion by Blackmun, J.); United States v. Pitt, 382 F.2d 322 (4th Cir. 1967). The arrest warrant was validly issued and the search of Saunders' person made contemporaneously therewith was valid, and the evidence thus seized was properly admissible. See Nunez v. United States, 370 F.2d 538 (5th Cir. 1967); United States ex rel. Jenkins v. Bookbinder, 291 F. Supp. 87 (E.D. Pa. 1968); United States ex rel. Dessus v. Commonwealth of Pennsylvania, 316 F. Supp. 411 (E.D. Pa. 1970).
(2) Testimony as to Pre-Trial Refusal to Answer Questions.
During the prosecuting attorney's examination of one of the police officers who had participated in relator's arrest, the following occurred:
"Q. And Commonwealth's Exhibit C-5, sir, can you tell me what that is?