United States v. Phillip E. Naugle

LOGAN, Circuit Judge.

Plaintiff United States appeals the district court’s order granting defendant Phillip E. Naugle’s motion to suppress a shotgun found in a search of his home. We have jurisdiction pursuant to 18 U.S.C. § 3731.

I

In February 1989, the Utah County Sheriffs Department was investigating defendant’s service of process and investigations business, known as Search Investigations, Inc. The department had been told that defendant was illegally using Utah County Constable stationery in his business, that he was performing illegal wiretaps, and that he had been involved in a kidnapping…