VOSS v. BERGSGAARD

No. 85-1591.

774 F.2d 402 (1985)

John A. VOSS, John E. Grandbouche, Joseph P. Gorman, Sandra L. Gorman, Marlene Aspinall, Dean Salisbury, Mel Houser, Cathy Houser, and Walter Jess Clifford, Plaintiffs-Appellees, v. Special Agents Larry D. BERGSGAARD, James Molnar, Gregory Myre, Thomas McAndrews, Patrick Henry, Group Manager Jerry Bandy, Donna Beckman, Darryl Watkins, Mike Nelson, John Does A Through Z, Unknown Named Agents of the Internal Revenue Service and/or Alcohol, Tobacco and Firearms, Department of the Treasury, United States of America, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

September 30, 1985.


Attorney(s) appearing for the Case

Donald M. Lewis, Sp. Asst. U.S. Dist. Atty. (Robert N. Miller, U.S. Atty. for D. of Colo., with him on briefs), Denver, Colo., for defendants-appellants.

William A. Cohan, P.C., Denver, Colo., for plaintiffs-appellees.

Before McKAY, LOGAN and SEYMOUR, Circuit Judges.


McKAY, Circuit Judge.

At issue in this case is whether certain search warrants were sufficiently particular in their description of items to be seized.

On April 5, 1985, a United States Magistrate authorized the issuance of search warrants presented to him by agents of the Internal Revenue Service, authorizing the search of three locations. Each was supported by the same affidavit of a special agent of the IRS.

The affidavit detailed an investigation...

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