United States v. Kent "Frenchy" Brouillette and Joan Lee Clemens, A/K/A Joan Shipp

LEWIS R. MORGAN, Circuit Judge:

Appellants “Frenchy” Brouillette and Joan Clemens were convicted of violating 18 U.S.C. § 1952. This section prohibits the use of interstate commerce in promoting, establishing or managing an unlawful activity. In this appeal, Brouillette and Clemens challenge the validity of a search warrant under which certain items, later admitted into evidence against them, were seized. After careful consideration of their claim, we are compelled to agree and must remand this case to the district Court for a new trial.

The Factual Setting

Mr. Brouillette and Ms. Clemens are…