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BLACKIE'S HOUSE OF BEEF, INC. v. CASTILLO

October 5, 1978

BLACKIE'S HOUSE OF BEEF, INC., Plaintiff,
v.
Leonel J. CASTILLO et al., Defendants



The opinion of the court was delivered by: OBERDORFER

MEMORANDUM

Plaintiff is a corporation which operates restaurants in the District of Columbia. Defendants are the Commissioner of Immigration and Naturalization Service (the Service), the District Director of the Washington office of the Service, and one of the Washington agents.

 Plaintiff claims that an entry and search of its restaurant and the arrest there of 15 aliens during the supper hour on March 30, 1978, violated rights guaranteed by the Fourth Amendment and was an actionable trespass. Plaintiff seeks a declaratory judgment, damages, and injunctive relief. Contending that there is no genuine issue of material facts, plaintiff moved for summary judgment.

 For reasons more fully stated in the findings and conclusions which follow, the Court will grant plaintiff's motion and schedule hearings on relief at the early convenience of the parties and the Court.

 Findings of Fact

 The undisputed facts and supporting documents show that:

 1. Defendants, *fn1" on March 30, 1978, entered one of plaintiff's restaurants during the supper hour and arrested there 15 aliens employees. Some of the arrested aliens had entered the United States legally; some had entered illegally.

 2. Prior to their search of the restaurant defendants obtained a search warrant from a United States Magistrate in Washington, D.C. The search warrant (Form A.O. 93 (Rev. Apr. 1973)) was in part printed, and in part typed. A copy is attached as Appendix A.

 3. The search warrant recited that defendant Foster had made an affidavit before the Magistrate with respect to the premises known as Blackie's House of Beef Restaurant, 22d & M Streets, N.W., Washington, D.C.

 4. The printed portion of the warrant made provision for the Magistrate to record that the affiant:

 
has reason to believe that
 
(on the person of )
 
(on the premises known as)
 
there is now being concealed certain property.

 There followed a blank in which was printed very minutely the words: "here describe property."

 5. On the search warrant issued in this case the printed words "on the person of" and the printed word "property" were marked over by several typewritten letters "x." Above the stricken word "property," was typed the word "persons," so that this portion of the warrant read that defendant Foster "has reason to believe that on the premises ...


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