In the Matter of the Search of 949 Erie Street, Racine, Wisconsin

645 F. Supp. 55 (1986)

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In the Matter of the Search of 949 Erie Street, Racine, Wisconsin

United States District Court for the Eastern District of Wisconsin
645 F. Supp. 55 (1986)

Facts

Judy Vasey, an agent of the Environmental Protection Agency (EPA) (plaintiff), interviewed six former employees of Enviro-Analysts, Inc. and Shephard Plating Company, Inc. (Shephard) (defendants). The former employees testified that Enviro-Analysts produced environmental reports and analyses for which the underlying tests and analyses had never actually been performed. Various methods were used to falsify the information in the reports. Based on the interviews, Vasey asserted probable cause to believe that Enviro-Analysts routinely falsified its reports, violating several federal laws. Based on Vasey’s detailed affidavit, the magistrate granted the EPA a search warrant for the building occupied by Enviro-Analysts and Shephard at 949 Erie Street. The warrant detailed a wide range of documentary evidence to be seized. The Erie Street property was searched in August 1986, and many items of property were seized. Enviro-Analysts and Shephard sued to obtain an order requiring a return of the property and to quash the warrant. Enviro-Analysts and Shephard argued that the search warrant was so broad as to constitute an unconstitutional general search.

Rule of Law

Issue

Holding and Reasoning (Warren, C.J.)

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