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Judge rules Womack search unconstitutionalThis article was originally published in the the Amador Ledger Dispatch on August 20, 1999, and is reproduced here with its permission. JACKSON—Judge John F. Cruikshank ruled earlier this week that the warrant authorizing the Oct. 30, 1998 search of the home of Robert Womack, was "facially overbroad and exceeded the scope of probable cause underlying the search." Womack is one of two remaining defendants facing charges for the alleged illegal removal of a gas tank in May of last year. The October raid was headed by prosecutor David Irey out of Stockton along with Russell Moore of the California Highway Patrol, an environmental crimes investigator, and Ron Hall, an investigator with the Amador District Attorney's office. During the search, KRL Partnership records were taken. KRL is a partnership involving Womack's three adjult children. In Judge Cruikshank's ruling he stated, "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." Judge Cruikshank then ruled that all KRL Partnership documents seized during the search be declared inadmissible in court as they were "seized in violation of the Fourth Amendment of the United States Constitution" and ordered that the documents be returned to Womack within 10 days. Irey said he would appeal the judge's decision. Copyright © 1999 Amador Ledger Dispatch |
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