# United States v. Spilotro, 800 F.2d 959 (9th Cir. 1986)

Canonical: https://mobfiles.org/items/courtlistener-us-v-spilotro-800-f2d-959/

Ninth Circuit opinion of September 26, 1986 affirming suppression of evidence seized in 1978 searches, including at the Gold Rush jewelry store, because the warrants were too general, and recounting the FBI's 1977-1978 investigation of Anthony Spilotro and others.

United States Court of Appeals, Ninth Circuit, No. 84-1245, argued and submitted February 12, 1985, decided September 26, 1986, before Judges Kennedy, Alarcon and Nelson, with the opinion by Judge Kennedy. The caption names John Spilotro, Herbert Blitzstein and Joseph C. Blasko as appellees. The United States appealed an order suppressing evidence seized under four search warrants from Anthony Spilotro's jewelry store and from Blasko's home, person and safe deposit box.

The court writes that "the subsequent death of Anthony Spilotro has rendered the case against him moot," and affirms as to the others. It does so "with little enthusiasm, for there was probable cause to believe that Spilotro and his associates, with Blasko's assistance, were engaged in loan sharking and bookmaking." The warrants "were hopelessly general."

The opinion's background says that in 1977 and 1978 the FBI investigated "organized crime suspects in Las Vegas." It describes them as "Anthony Spilotro, an alleged member of Chicago's La Costa Nostra; Herbert Blitzstein, an associate of Anthony Spilotro; John Spilotro, Anthony's brother and associate; and Joseph Blasko, an officer of the Las Vegas Metropolitan Police Department." Surveillance "indicated Anthony Spilotro was conducting loan shark and bookmaking operations from his jewelry store, the Gold Rush, Ltd." He was its sole shareholder. On June 18, 1978 the government requested about seventy warrants on a 157-page affidavit. The words "alleged member" are the court's summary of the FBI's investigation, not a finding. The court affirmed on the narrow ground that the warrants were too general.

## Sources

- CourtListener (Free Law Project), text of the opinion: https://www.courtlistener.com/opinion/475840/united-states-v-john-spilotro-herbert-blitzstein-and-joseph-c-blasko/