United States v. Gary Barnett

The government appeals the district court’s order: (1) suppressing all items seized in a search of Gary Barnett’s residence pursuant to a warrant; and (2) prohibiting the government from presenting “[e]vidence that defendant did not advertise in certain recognized scientific magazines.” We reverse.

PROCEDURAL BACKGROUND

On September 4, 1980, Barnett was charged in a three count indictment with: (1) aiding and abetting Donald Eugene Hensley in the attempted manufacture of phencyclidine (Count I); (2) using United States mails to cause and facilitate the commission of the crime of attempted manufacture of phencyclidine “on or about February 8, 1979 to on or about May 11, 1979” (Count II); and (3) using the United States mails on or about August 7,1980, to facilitate the attempted manufacture of phencyclidine (Count III).

On December 5, 1980, Barnett filed a motion to suppress evidence seized in a search of his residence pursuant to a warrant. A warrant issued on August 21,1980, authorized “any special agent of the Drug Enforcement Administration” to search Barnett’s apartment, located at 2313 East 24th Street, Brooklyn, New York. The motion alleged the search warrant was invalid…