United States v. James Arthur Hillyard

Appellant James Hillyard suffered the jury’s conviction on five counts of interstate transportation of stolen motor vehicles, six counts of concealment of stolen motor vehicles, and one count of interstate transportation of stolen property. Hillyard contends principally that some of the stolen items were seized by general, and so unlawful, search warrants, and also that a logbook and map were seized improperly from the cab of one vehicle. We find the warrants gave proper directions to the officers conducting the search and were lawful and in satisfaction of the particularity requirement of the fourth amendment. We affirm.

Seven stolen vehicles were seized by officers at three locations. Appellant does not challenge seizure of two vehicles at the residences of his acquaintances. He does challenge seizure of a Ford pickup and a Datsun automobile at his own residence in Cottage Grove and seizure of a truck, tractor, and low-boy trailer at property known as “Eleven Acres Wrecking,” which was owned by an associate of Hillyard and where Hillyard was storing equipment.

Two search warrants are challenged here. Both were issued based on an affidavit of special agent Enyart of the FBI.…