United States v. Peter John Weber

Peter John Weber appeals his conviction based on a conditional guilty plea in which Weber reserved the right to appeal the district court’s denial of his motion to suppress evidence. Weber argues that the warrant issued to search his house lacked particularity and was not based on probable cause. We reverse the district court.

I.

FACTS

On June 11, 1987 United States Customs Service Special Agent Trevor Burke presented a sworn affidavit to the district court requesting that a warrant be issued to search the house of defendant Weber.

At the time Agent Burke requested the warrant, he knew the following information about Weber: On August 12, 1985, almost two years prior to the date of the warrant, an unknown customs inspector seized a parcel addressed to “P. Webber” at the same address where the defendant resided on the day the warrant was requested. The parcel contained two pieces of advertising material, which the customs inspector concluded “apparently depict[ed] the sexual exploitation of children.” Customs notified Weber of the seizure of the parcel via certified mail. Weber acknowledged receipt of the notice but did not attempt to claim the material. Customs made no…