United States v. Travers

Joseph Travers (defendant) used numerous identities and aliases to receive guaranteed home loans for multiple houses. Travers collected rent but never paid the mortgages and filed bankruptcy proceedings under false names to delay foreclosure proceedings. Travers was arrested by federal agents, and search warrants were executed at two of his properties. The warrants allowed officers to search for all documents involving real estate, litigation, property, mailings, photos, and materials reflecting identity or fraud. A large volume of documents was seized. Travers filed a motion to suppress the evidence seized, arguing the warrant was unconstitutionally overbroad. Agents testified that they conferred with the United States attorney to draft the warrant application and furnished all information that they, under the guidance of the United States attorney, believed would establish probable cause. The supervising agent gave a briefing on the warrant. The executing agents testified they reviewed documents before taking them in order to adhere to the warrant. The district court denied Travers’s motion, holding that although the warrant was overbroad, the agents acted in good faith in drafting and executing the warrant. Travers appealed, arguing that the officers intentionally misled the magistrate to obtain the overbroad warrant and that they deliberately exceeded the warrant’s scope.