United States v. John J. Harrington

The district court suppressed evidence on which the Government relied. Because there was no adequate reason to apply the exclusionary rule, we reverse and remand with instruction for the district court to admit the evidence.

I

During an investigation of a large, drug-smuggling conspiracy, officers of the Customs Service conducted a warrant-authorized search of Harrington’s residence in Del Mar, California. They seized a variety of drugs, $100,000 in currency, and other items that implicated him as a dealer of smuggled drugs. It is undisputed that the procedure used to obtain the search warrant complied fully with Fed.R.Crim.P. 41, and that the search complied fully with the warrant and the fourth amendment. Indeed, the district court found that “the application for and execution of the warrant was technically perfect.” United States v. Harrington, 524 F.Supp. 292, 296 (E.D.Cal.1981) (on reconsideration of earlier order to suppress reported at 520 F.Supp. 93 ).

The only reason given for suppressing the evidence was that under an Executive Reorganization Plan, the customs officers should not have conducted the investigation that led to the search and seizure. The Plan…