# United States v. Joseph Giacalone, 541 F.2d 508 (6th Cir. 1976)

Canonical: https://mobfiles.org/items/courtlistener-us-v-giacalone-541-f2d-508/

Sixth Circuit opinion of August 18, 1976 reversing an order that had returned a car seized under a search warrant in the FBI's investigation of James R. Hoffa's disappearance. The opinion prints the agent's affidavit: Hoffa said he was going to the Machus Red Fox restaurant to meet Anthony Giacalone and Anthony Provenzano on 30 July 1975.

United States Court of Appeals, Sixth Circuit, sitting en banc; argued October 15, 1975, decided August 18, 1976. The caption is "United States of America v. Joseph Giacalone and One 1975 Mercury Four-Door Automobile." The FBI seized the car and its contents under a warrant issued by a United States Magistrate; the District Court held that the supporting affidavit did not show probable cause and ordered the car returned. The Sixth Circuit wrote: "The Government seeks a reversal of that judgment. We reverse."

The opinion prints the affidavit of an FBI special agent engaged "since August 3, 1975, in an investigation into the disappearance and possible abduction of JAMES R. HOFFA." It states: "On July 30, 1975, HOFFA left his home in Lake Orion, Michigan, and traveled to the Machus Red Fox restaurant at Maple and Telegraph Roads in Bloomfield Township, Michigan, and he advised witnesses, who have in turn advised the FBI, the [sic] he intended to meet with ANTHONY GIACALONE and ANTHONY PROVENZANO. At approximately 2:30 p. m., July 30, 1975, HOFFA telephoned his wife and advised her that GIACALONE had not as yet arrived at the Red Fox for the said meeting." The affidavit goes on to Charles O'Brien's use that day of the car of Joseph Giacalone, whom the agent describes as Anthony Giacalone's son.

The ruling is about whether the affidavit showed probable cause to search a car. It makes no finding that anyone committed a crime, and it states nothing about what happened to Hoffa.

## Sources

- CourtListener (Free Law Project), text of the opinion: https://www.courtlistener.com/opinion/338977/united-states-v-joseph-giacalone-and-one-1975-mercury-four-door/