United States v. Duskin Claude Becker
Opinion
Opinion
Thompson, J.
ORDER
This case is resubmitted for decision on March 8, 1991.
OPINION
In this interlocutory appeal, the government appeals the district court’s order suppressing evidence obtained by using a jackhammer to search beneath a concrete slab located on premises for which a search warrant had been issued. We have jurisdiction pursuant to 18 U.S.C. § 3731 (1988). We reverse.
FACTS
On June 2, 1989, a warrant was issued to search the residence of the defendant, Duskin Claude Becker. In particular, the search warrant authorized a search of
On June 3, 1989, agents from state and federal investigatory agencies executed the search warrant. At this time, agents observed a newly-poured concrete pad located near the shop. Documentary evidence seized during the search indicated that the concrete had been poured on or about May 19, 1989. Becker admitted that the concrete had been poured after a search warrant had been executed at his neighbor’s home.
Agents then rented a jackhammer and removed portions of the concrete slab. Pieces of aluminum foil were discovered under the concrete and were seized. The foil tested positively for the presence of methamphetamine.