United States v. Errol F. Remsing and Jerry H. Defoor

Defendant Remsing was under investigation by the State Fish and Game Protection Officers. On May 2, 1986, the State obtained a search warrant to put a hidden transmitting device on Remsing’s aircraft. The State also obtained warrants authorizing the search of Remsing’s house, dental office and aircraft. Guns, ammunition, ani mal hides, skulls, antlers, pilot logs, and videotapes, photographs, diaries and records of the hunting trips were seized pursuant to these warrants.

Before formal charges were filed, Rems-ing filed a motion in state court to suppress and return the evidence. Prior to the state court’s ruling on Remsing’s motion, the United States decided to prosecute the case and obtained a search warrant from a magistrate of the state court. Pursuant to the federal warrant, the evidence was transferred to federal custody on May 8,1987. The state court eventually granted defendant Remsing’s motion.

The defendants were charged by indictment for violating state and federal game laws and filed a motion in district court to suppress the evidence seized pursuant to the federal and state warrants. Pursuant to 28 U.S.C. § 636 (b)(1), the district court referred the motion to a…