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United States v. Loretta Otero

563 F.3d 1127 (2009)

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United States v. Loretta Otero

United States Court of Appeals for the Tenth Circuit
563 F.3d 1127 (2009)

  • Written by Sharon Feldman, JD

Facts

Residents along the delivery route of postal carrier Loretta Otero (defendant) complained that credit cards, bills, and personal-identification numbers were not being delivered and cash had been withdrawn from their accounts. A postal inspector mailed test letters, determined that the letters were not delivered, and found them in Otero’s bag. The inspector prepared a search warrant for Otero’s residence authorizing the seizure of two categories of evidence: “items to be seized” and “computer items to be seized.” The items listed under the first heading related to residents on Otero’s route and theft of mail, credit-card fraud, and bank fraud. No similar limitations were specified under the computer heading, under which was listed any and all information stored in computers, electronic devices, programs, and other computer-related materials. Otero was indicted and moved to suppress documents found on her computer on the grounds that the warrant lacked sufficient particularity. The searching officers testified that they read the items listed under the computer heading as limited by the first half of the warrant. The district court granted Otero’s motion to suppress. The government (plaintiff) appealed.

Rule of Law

Issue

Holding and Reasoning (McConnell, J.)

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