Kilroy

MEMORANDUM

Pursuant to a search warrant obtained from a Nevada County, California, Superi- or Court Judge, police searched the business of defendant William Kent Kilroy and the home of defendant Carl Robert Droivold. Although the authorities were investigating a fraudulent vehicle transfer allegedly perpetrated by the two defendants, they seized firearms from both premises. Based on those seizures, Droivold and Kilroy were charged with firearms offenses. 2 After conducting three evidentiary hearings, the district court suppressed the evidence, 3 holding that the warrants obtained *656 by the investigating officer, Officer Paulus, were not supported by probable cause. The government appeals the order of suppression. We have jurisdiction under 18 U.S.C. § 3731 .

A. Search of the Kilroy Business

Although the district court held that the warrant to search Kilroy’s business, an automobile towing establishment, was not supported by probable cause, we affirm because the warrant was overbroad. The overbreadth issue was briefed to the district court, and was discussed fully at the oral argument in this case.

The warrant obtained to search Kilroy’s towing business does not comply with…