CA6: Overseizure during execution of SW was not flagrant on this record, so no suppression

Officer’s overseizure of “things of value” during execution of a search warrant was not flagrant disregard of the warrant. The officer consulted a local DA as to what to do, and the DA said to seize “things of value.” United States v. O’Campo, 381 Fed. Appx. 974 (11th Cir. 2010) (unpublished)*:

Although some improper seizures occurred here, we conclude that the executing officers did not flagrantly disregard the terms of the search warrant. The executing officer, Slade McCullogh, testified that he seized these items, in part, because they were items of value and could indicate ill-gotten gains or living above one’s means; but the warrant authorized seizure of things of value only if those things were in close proximity to controlled substances. That the executing officer may not have fully understood what the warrant covered is insufficient to support a conclusion of flagrant disregard. McCullough attempted to stay within the boundaries of the warrant by contacting the District Attorney’s Office to inquire about what items could be seized. The DA’s office advised McCullough that he was authorized to seize electronic equipment and other things of value. Thus, McCullough exercised some discretion in executing the warrant and did not simply seize all things of value. We cannot say that McCullough’s misunderstanding of the warrant or lack of judgment demonstrated flagrant disregard warranting total suppression.

Extended border search in Calexico was reasonable despite the fact a Customs drug dog did not find 37½ lbs of cocaine [the dog was fired; n.1]. The CI’s tip did not pan out exactly as to the defendant’s actions, but the stops likely caused that to happen. There was reasonable suspicion based on defendant’s actions. United States v. Villasenor, 608 F.3d 467 (9th Cir. 2010).*