avowed purpose of arresting defendant. Then, the agents made a "body search" of the premises in quest of defendant, followed by a more lengthy search for instrumentalities or fruits of the crime. Having searched the apartment at 2854 West Oakdale Street in the belief that defendant could be found there, and having seized from that apartment money and certain other items now attributed to defendant, the government is scarcely in a position to deny that these searches were directed at defendant.
The testimony indicates that defendant had a sufficient interest in the premises to justify any expectations of privacy which he may have had there and to qualify him as a "person aggrieved by the search." According to Mrs. Wilcox's testimony, defendant had a key to the apartment, and he regularly visited his wife and two children there on weekends. Merely because defendant now asserts that his actual residence was at a place other than the premises searched does not diminish his standing as an aggrieved person. Cf. United States v. Birrell, 470 F.2d 113 (C.A. 2, 1972).
In Birrell, the police were searching for evidence relating to the death of the tenant of the apartment, not for evidence of crimes committed by the defendant in that case. The evidence seized in Birrell was used against the defendant in a criminal prosecution entirely unrelated to the death of the tenant. Here, the facts present an even stronger basis for defendant's standing than in Birrell, for the agents went to Mrs. Wilcox's apartment for the very purpose of arresting defendant, and they searched the apartment for the instrumentalities and fruits of a crime which they believed defendant had committed.
III. Probable Cause and The Search
The agents initially entered the apartment at 2854 West Oakdale Street for the purpose of arresting defendant. Probable cause for an arrest without a warrant may be based upon information received through an informant, rather than upon the agent's direct knowledge, so long as the informant's statement is reasonably corroborated by other matters within the agent's knowledge. Draper v. United States, 358 U.S. 307, 79 S. Ct. 329, 3 L. Ed. 2d 327 (1959). The finding of probable cause by a magistrate may also be based upon reliable hearsay under F.R. Cr. P. 4(a).
Similarly, an informant's statement, reasonably corroborated by other matters within the agent's knowledge, may suffice to establish probable cause for a warrantless search. Jones v. United States, 362 U.S. 257, 269-271, 80 S. Ct. 725, 4 L. Ed. 2d 697 (1960).
The informant here told the F.B.I. that a bank robbery would take place on a certain date in a certain section of Philadelphia, that a red Chrysler belonging to Willie Williams would be involved in the robbery, that the proceeds of the robbery would be divided at a certain location, and that the participants in the robbery would include Willie Williams and an individual nicknamed "Nasty."
The robbery described did in fact occur. Willie Williams' car was found on Chadwick Street and Williams was arrested leaving the Chadwick Street apartment shortly after the robbery. Moreover, inside the apartment, the agents did in fact find money identified as proceeds of the robbery. Also, inside the apartment, both Jean Holland and a child acknowledged that "Nasty" had been there earlier that day.
Shortly after 8:00 p.m., the agents had identified "Nasty" as Norman Laverne Wilcox, and had ascertained his address, thus establishing the necessary link between defendant and the bank robbery. Only part of the robbery proceeds was found at Chadwick Street, the now-corroborated informant had included Wilcox ("Nasty") in his information and had also said the modus operandi would be to split the money and separate.
Although no testimony was offered as to the previous reliability of the informant, the concurrence of all of these events, as predicted in detail by the informant, is sufficient to establish the credibility of the informant. See United States v. Harris, 403 U.S. 573, 91 S. Ct. 2075, 29 L. Ed. 2d 723 (1971); United States v. McNally, 473 F.2d 934 (C.A. 3, 1973). Since these events occurred before the entry in question, they may be relied upon to establish the credibility of the informant. Cf. Bailey v. United States, 128 U.S. App. D.C. 354, 389 F.2d 305, 308 (1967).
We conclude that by shortly after 8:00 p.m., the agents had probable cause to believe that (1) Wilcox participated in the crime; (2) that he would be at the Oakdale Street apartment; and (3) that the remainder of the proceeds of the robbery would be there.
However, in United States v. Rubin, 474 F.2d 262, (C.A. 3, 1973), Judge Rosenn said, at p. 268:
"* * * Probable cause to believe contraband is present is necessary to justify a warrantless search, but it alone is not sufficient. Probable cause must exist to support any search; the role of the warrant-issuing magistrate is to determine whether probable cause exists. Mere probable cause does not provide the exigent circumstances necessary to justify a search without a warrant.