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Ayala search. Accordingly, we attribute no unreported income to
Giongo, Wilson, or Cattalo from that search.
Joseph and Pamela Rizzo Search
On or about January 26, 1982, Ryan obtained a search warrant
for the home of Joseph and Pamela Rizzo; and Ryan, Cattalo,
Herbert Scott (Scott), and Marie Watson (Watson) executed the
search warrant. Ryan discovered that he knew Mrs. Rizzo; she had
worked for his father. The officers found a small quantity of
marijuana and some cash. Mr. Rizzo was arrested, but Mrs. Rizzo
was not. Because of some action on Ryan's part, the case against
Mr. Rizzo was discharged as Ryan had promised Mr. Rizzo.
Respondent asserts that Giongo, Wilson, and Cattalo each
received one-sixth of $5,000, or $833, from the Rizzo search.
Ryan testified that "he believes" that Scott made an arrangement
with Mr. Rizzo whereby the officers would accept money and Mrs.
Rizzo would not be arrested. Ryan does not remember whether the
total amount was $500 or $5,000. Ryan also testified that he
"believes" that he received three shares16 from the search, one
each for himself, Giongo, and Wilson; and that Scott, Watson, and
Cattalo each received shares. Scott denies negotiating with Mr.
Rizzo. There was no testimony from the Rizzos. Ryan used the
phrase "I believe" to qualify many of his answers with respect to
the Rizzo search. We find that the use of that phrase creates
16 Ryan testified that "shares" are equal portions, a "piece"
is half of a share, and a "bone" about $50.
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