Thursday, July 06, 2006

Livestock Seizure, Though Beyond Scope of Warrant, Did Not Justify Suppression of Legimately Seized Evidence

U.S. v. Blunt, 2006 WL 1793258 (6/30/06)(unpub'd) - The seizure of 110 cows, 2 pigs, 15 horses, and a mule, even if beyond what was authorized by the search warrant, did not amount to such a flagrant disregard of the warrant's limitations as to justify suppression of evidence that was legitimately seized pursuant to the warrant. It also did not warrant a mistrial when an agent testified he could not find people to cooperate in investigating the defendant because they were afraid he would kill them, given the court's curative instruction and that it was in response to the defendant's cross-examination.