Service under the name of Mary Vincent, 1425 4th Street, S.W., Washington, D.C.
4. Mrs. Meinardus' statement to Det. Sgt. O'Brien that before the start of the operation "Mary" left apartment A-505 stating that "she had to go down stairs."
5. Det. Sgt. O'Brien's investigation disclosing that apartment A-406 was leased and occupied by a Mary Vincent and that apartment A-505 was also leased to Mary Vincent.
6. Det. Sgt. O'Brien's investigation disclosing that in the basement of 1425 4th Street, S.W., Washington, D.C. parking space number 168 was leased to a Mary Vincent and that Thomas Phillip Martini, identified from P.D. photograph 210737, on numberous occasions since September, 1967, and as late as December 28, 1967 had parked his 1967 Oldsmobile in parking space number 168 listed to Mary Vincent.
From the foregoing recital, the Court must conclude that there was probable cause for the issuance of the search warrant covering the search, not only for apartment A-505 where the abortion was actually performed, but also for apartment A-406. Much of the information came from the victim herself and it has been held that the reliability of the victim's report is greater than that of an informant. Aguilar v. Texas, (1964) 378 U.S. 108, 84 S. Ct. 1509, 12 L. Ed. 2d 723. This is not a case of dependence upon the hearsay of a mere informer.
The close connection between Thomas Phillip Martini alias "Dr. Ewing" who performed the abortion in apartment A-505 and Mary Vincent who leased both apartments is clear. No motion attacking the search warrant for apartment A-505 has been made and it is plain that such a motion would be without merit. Likewise, the link between apartment A-505 and apartment A-406 is also clear. Both were leased to the same person, the defendant Mary Vincent, who also occupied apartment A-406, and both apartments are in close proximity. Before "Dr. Ewing" commenced the abortion, "Mary" left apartment A-505 stating that "she had to go down stairs." The one telephone number used to contact Thomas Phillip Martini alias "Dr. Ewing" is listed under the name of Mary Vincent, 1425 4th Street, S.W., Washington, D.C. While probable cause is a vague term which cannot be precisely defined and each case must turn on its own facts, it is nonetheless true that probable cause depends on the "factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, must act." Brinegar v. United States, (1949) 338 U.S. 160, 175, 69 S. Ct. 1302, 1310, 93 L. Ed. 1879. Det. Sgt. O'Brien had ample reason to conclude that Martini and Mary Vincent were acting in concert and were using both apartments in furtherance of an illegal enterprise. His affidavit sets forth these reasons.
In summary, the search warrant issued for apartment A-406, 1425 4th Street, S.W., Washington, D.C., was supported by an affidavit setting forth facts, not conclusions, and had ample probable cause for its issuance. The motion to suppress is therefore denied and an order consistent with the foregoing opinion has been entered this day.
© 1992-2004 VersusLaw Inc.