United States v. Larry Karl Williams

Appellant appeals his conviction for unlawful possession of three homemade Claymore mines in violation of 26 U.S.C. §§ 5861 (d) and 5871. He challenges the denial of his motion to suppress evidence of those explosives.

FACTS

On August 15, 1980, deputies of the Josephine County Sheriff’s Department conducted an aerial surveillance of National Forest Service land in a remote area of Josephine County, Oregon. The officers observed and photographed marijuana plants growing on certain unpatented mining claims. The marijuana was growing in close proximity to three buildings located on these claims.

On August 20, 1980, the deputies submitted an affidavit in support of a request for a search warrant to the Josephine County District Court. In the affidavit, the deputies requested a warrant authorizing the search of:

And of:

Based upon the information contained in the affidavit, a warrant was issued authorizing the search of the

The warrant authorized the search and seizure of all “evidence of active cultivation of marijuana, and evidence of its cultivator.”

On August 22,1980, a number of sheriffs deputies went to the mining claims to execute the warrant. The officers first searched…