UNITED STATES v. CARDALL

No. 84-2320.

773 F.2d 1128 (1985)

UNITED STATES of America, Plaintiff-Appellant, v. Richard Taylor CARDALL, Joseph A. Holman, Barry Crowther, Kenyon V. Blackmore, Richard Thiriot Cardall, David Lon Ashby, Glen L. Wright, Stanley L. Willmitt, Gean Cannon, Eric W. Bjorklund, Gerald L. Turner, and Farrell Anderson, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 25, 1985.


Attorney(s) appearing for the Case

Louis M. Fischer, Atty., Dept. of Justice, Washington, D.C. (Brent D. Ward, U.S. Atty., Samuel Alba and Stewart C. Walz, Asst. U.S. Attys., Salt Lake City, Utah, with him on brief), for plaintiff-appellant.

Timothy C. Houpt, Houpt & Eckersley, Salt Lake City, Utah, for defendants-appellees Wright and Bjorklund.

Martin Verhoef, Salt Lake City, Utah, for defendants-appellees Holman and Ashby.

Edwin F. Guyon, Salt Lake City, Utah, for defendants-appellees Anderson, Blackmore, and Cannon.

Before BARRETT and MOORE, Circuit Judges, and BRETT, District Judge.


JOHN P. MOORE, Circuit Judge.

This is an appeal from orders suppressing certain evidence upon findings that government agents violated defendants' Fourth Amendment rights, as well as upon findings that provisions of 18 U.S.C. § 2517 restricting disclosure of evidence obtained by wire interception were violated. The government has appealed, contending the trial court failed to properly consider the "good faith" rule relating to seized evidence and that the trial...

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