the Bureaucracy

Search Warrant Ruled Unconstitutional

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BLACMON & SNELLINGS, LLP
CLYDE M. BLACMON, State Bar No. 36280
HILL C. SNELLINGS, State Bar No. 151763
M. ALLEN HOPPER, State Bar No. 181678
KAREN L. HAMILTON, State Bar No. 171794
U.S. Bank Plaza
980 Ninth Street, Suite 2250
Sacramento, California 95814

Attorneys for Defendant
ROBERT ROLAND WOMACK

SUPERIOR COURT OF CALIFORNIA

COUNTY OF AMADOR

This action came before the Court on June 25, 1999, for hearing on defendant Robert Womack's May 17, 1999 motion to suppress evidence obtained pursuant to warrant issued on October 30, 1998, to return evidence, and to set an evidentiary hearing. The motion for an evidentiary hearing was granted, and the evidentiary hearing and further hearing on the motion were held on July 8, 1999, and July 16, 1999.

In the opinion of the Court and as argued by counsel for defendant Robert Womack in the motion, the reply, and during oral argument, the warrant authorizing the October 30, 1998 search was facially overbroad and exceeded the scope of probable cause underlying the search. However, the Court deems the warrant to include, and to derive limitations from, the test of the supporting affidavit. The supporting affidavit does not establish probable cause for the seizure of records of the KRL Partnership. Thus, the seizure of KRL Partnership documents during the search exceeded the authority of the warrant as limited by the affidavit, amounting to an overbroad execution of the warrant. Therefore, the Court HERBY ORDERS that all KRL Partnership documents seized during the search are suppressed as seized in violation of the Fourth Amendment of the United States Constitution. See Penal Code Section 1538.5.

The parties have stipulated that, applying the court's present ruling to the specific evidence seized, the following items in Investigator Russell Moore's Evidence Seizure list (attached as Exhibit D to the motion to suppress) are suppressed: 1A-6, 1A-7, 1A-1b, 1A-2b, 1A-4b, 2A-5b, 1C-1, 1C-2, 1C-3, 1C-4, 1C-5, 1C-6, 1C-7, 1C-8, 1C-9, 1C-10, 1C-11, 1C-12, 1C-13, 1C-14, 1C-15, 1C-16, 1C-17, 1C-18, 1C-1A, 1D-2, 1D-3, 1D-4, 1D-5, 1D-6, 1D-7, 1D-8, 1D-9, 1D-10, 1D-11, 1D-12, 1D-13, 1D-14, 1D-15, 1D-16, 1D-17, 1D-18, 1D-19, 1D-20, 1D-21, 1D-22, 1D-23, 1D-24, 1D-25, 1D-26, 1D-27 (all documents except pink slip for Lincoln Navigator), 1D-28, 1A -1a, 1A-2a, 1A-3a, 1A-4a, 1A-5a, 1A-6a, 1A-7a, 1A-9a, 1A-10a, 1A-11a, 1A-12a, 1A-13a, 1A-14a, 1A-15a, 1A-16a, 1A-18a, 1A-19a, 1A-20a, and 1A-21a.

In addition to these stipulated items, the Court suppresses items 1D-27 (pink slip for Lincoln Navigator and pink slip for 1934 Ford), all of which the executing officer seized under the belief that they were KRL Partnership documents. (Return of Search Warrant filed Nov. 6, 1998, attached as Ex. C to Motion to Suppress.)¹

Within ten days of the date of this order, these documents shall be returned to defendant Robert Womack.

DATED: August 16, 1999

/s/

The Hon. John P. Cruikshank Assigned

¹The question of what additional evidence should be suppressed as the tainted fruit of the unlawful October 30, 1998 search and seizure remains pending for resolution and will be addressed at a future date.