United States v. Terrence Wayne Clark

During a search of Terrence Wayne Clark’s home, law enforcement agents discovered several firearms and numerous marijuana plants. After the district court denied his motions to suppress evidence, Clark pleaded guilty to two marijuana-related offenses. The written plea agreement preserved his right to appeal the district court’s denial of the suppression motions.

Clark argues that the district court erred in finding that probable cause supported the issuance of the search warrant. Clark contends also that the search warrant was overbroad and, thus, failed to provide the executing officers the necessary guidance to execute a constitutional search. Finally, Clark alleges that participation by Alaska National Guard troops in executing the warrant was unlawful. Because we agree that the search warrant was overbroad, we remand to the district court to suppress those items seized pursuant to the invalid portion of the warrant. With regard to the remaining items, we conclude that the district court did not err in denying suppression.

Background, and Procedural History

On May 22, 1992, DEA agent Robert Cay-ford sought a warrant to search Clark’s residence in Alaska. His affidavit stated…