Warrant Sufficiently Particular, Search Of Glasses Case OK
U.S. v. Brakeman, -- F.3d --, 2007 WL 316831 (10th Cir. 2/5/07) - affirmance of denial of motion to suppress in Roswell gun/ drug case. Because the record on appeal did not contain the challenged warrant, supporting affidavit, photos, etc., COA was limited to referring to district court findings. Warrant was sufficiently particular despite lack of clarity as to whether it described Mr. Brakeman's property or his neighbor's. Officer's opening of glasses case containing meth during pat-down search was perfectly fine because Mr. Brakeman might have broken free and seized the case and it could have contained a knife or other weapon.