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U.S. v. FOSTER

No. 95-7131.

100 F.3d 846 (1996)

UNITED STATES of America, Plaintiff-Appellant, v. Albert FOSTER, Jr., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

November 15, 1996.

Attorney(s) appearing for the Case

Lisa Simotas, Department of Justice, Washington, DC (Paul G. Hess, Assistant United States Attorney, and John W. Raley, Jr., United States Attorney, Muskogee, Oklahoma, with her on the briefs), for Plaintiff—Appellant United States of America.

Donn F. Baker (Stephanie Dinsmore with him on the brief), Baker & Baker, Tahlequah, Oklahoma, for Defendant—Appellee.

Before ANDERSON, McKAY, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

Albert Foster, Jr., was charged in a twelve-count superseding indictment with various violations of Titles 18 and 21 of the United States Code. Each charge was based on evidence seized during a warrant-based search of Foster's home. In addition to seizing those limited items specifically listed in the search warrant, the officers seized a large number of unlisted items.

Foster brought a motion to suppress all property seized during the...

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