Reference no: EM131707973
Badluck called FBI Agent Hoover and told him that he had (1) participated in a bank robbery the previous day with Eddie Fingers, and (2) since seen in Eddie's living room closet both the gun that Eddie used in the bank robbery and the stolen money. The bills were marked. Badluck described Eddie's home as a one-story frame house located at 823 Howard Street. Badluck also told Hoover that he had heard a rumor that Fingers had given his brother-in-law, Donald Doyle, some of the proceeds of the robbery to repay a debt, and that Doyle had joked about the money feeling "kinda hot to the touch". Later the same day, Hoover saw Doyle standing outside a massage parlor downtown. Hoover approached Doyle, identified himself, and told Doyle that he was a suspect, and to raise his hands. Doyle complied. Hoover then "frisked" Doyle, feeling what Hoover thought to be a wallet, and Doyle handed it over. After, Hoover found in the wallet a map of the bank which had been robbed, he arrested Doyle. As he was leading Doyle to his (Hoover's) car, Hoover passed Doyle's car and noticed that it matched the description and bore the license plate of the robbery getaway car. Peering through a rear window, Hoover saw pants and a shirt on the floor. These items matched the description of those worn by one of the robbers. Hoover opened the closed (but unlocked) back door and seized the clothes. After depositing Doyle at the federal jail, Hoover obtained a search warrant for the living room of Fingers' home. The "probable cause" affidavit detailed the information given to him earlier I the day by Badluck. A warrant was issued, but is mistakenly described Fingers' address ads 823 Harold Street. Hoover went to Fingers' home at 823 Howard Street without noticing the mistake in the warrant regarding the street name. He knocked on the door. When Fingers asked who it was, Hoover replied, "Fuller Brush." Fingers opened the door. Hoover then stated that he was really an FBI agent with a search warrant. Fingers told him to come in and was promptly arrested by Hoover. Following Fingers' arrest, Hoover search the hall closet and found money on the floor, which had been taken from the bank.
He seized the money and then opened the living room closed, where he found the gun described in the warrant. On the floor on his way out of the house, Hoover saw an unopened envelope addressed to Fingers from Doyle. Hoover opened the envelope and found a letter to Fingers from Doyle, thanking Fingers for the bank robbery opportunity.
Fingers asked to be allowed to go to his bedroom, and put on shoes and socks. Hoover agreed, and accompanied Fingers to the bedroom. While Fingers was seated on the side of the bed lacing his shoes, Hoover noticed and seized a wig which protruded from underneath the pillow. The wig matched the description of one worn by one of the robbers.
Hoover's arrest of Fingers was:
A. Proper, as incident to the execution of the search warrant.
B. Improper, because Hoover had sufficient time to obtain an arrest warrant and failed to do so.
C. Proper, because Hoover had probable cause to arrest Fingers.
D. Proper, because Hoover did not need an arrest warrant.