United States v. Robert Mark McLaughlin and Paul M. Bernauer

McLaughlin and Bernauer were indicted for possession with intent to distribute the drug 3,4-methylenedioxymethamphetamine (MDMA). Bernauer was also indicted for possession with intent to distribute cocaine. Police obtained warrants for McLaughlin’s apartment and for Bathcrest, McLaughlin and Bernauer’s shared business. While searching Bathcrest, officers found cocaine in Bernauer’s briefcase. Bernauer then consented to a search of his apartment, where the officers found additional evidence, including MDMA, and drug paraphe-nalia.

Appellants moved to suppress the evidence, alleging invalidity of the warrants and searches, and to dismiss the action, alleging that the prohibition of MDMA was itself invalid. They contend that the facts supporting the warrant lacked sufficient nexus to the premises to create probable cause, that information used to support the warrant was too old to support a finding of probable cause, and that the warrant contained overbroad descriptions of the items to be seized. They also object to the search of Bernauer’s briefcase, claiming that it exceeded the scope of the warrant. Finally, they contend that the regulatory scheme under which the drug MDMA was…