United States v. Randy Lee Ewain

This appeal raises issues involving search and seizure, and construction of a provision in the mail theft statute.

I. FACTS

Ewain, the husband of a former postal employee, came under suspicion by a postal inspector for mail theft and by a state narcotics detective for selling methamphetamine. Both lines of suspicion arose as a consequence of a fistfight Ewain had with his roommate. The roommate moved out and told a postal inspector Ewain was making counterfeit mailbox keys and trading them for methamphetamine. The postal inspector told a state narcotics detective, who successfully arranged a controlled buy of methamphetamine at Ewain’s house.

The state narcotics detective obtained a search warrant for drugs, drug paraphernalia, and documents relating to narcotics dealing, and invited the postal inspector along on the search. The postal inspector had not obtained a search warrant because he felt that the roommate’s story was insufficient probable cause. Both suspected Ewain was counterfeiting keys, based on the roommate’s story, and the narcotics detective wanted the benefit of the postal inspector’s more educated eye.

The search turned up a number of plastic baggies, at least…