DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
111161P.pdf 07/22/2011 United States v. Paul Riesselman
U.S. Court of Appeals Case No: 11-1161
U.S. District Court for the Northern District of Iowa - Sioux City
[PUBLISHED] [Bye, Author, with Melloy, Circuit Judge, and Smith
Camp, District Judge]
Criminal case - Criminal law. Search warrant was sufficiently particular
as the attachment to the warrant included a full list of items subject to
seizure, and the attachment was present at the search; even if failure to
provide defendant with a copy of the attachment at the time of the search
violated Federal Rule of Criminal Procedure 41(f)(1)(C), the violation was
not a basis for suppressing the seized evidence as the officers; conduct
was not reckless and no prejudice ensued; while search of defendant's
person may have been illegal, there was no nexus between the search and
his incriminating statements; even if there was a nexus, the statements
were sufficiently attenuated from the search such that they were
voluntary.