United States v. Vernon O. Ward

KILKENNY, Circuit Judge:

Appellant appeals from an order granting appellee’s motion to suppress evidence obtained from appellee’s business records. We affirm.

STATEMENT OF FACTS

On March 26, 1975, an Internal Revenue Service (IRS) Agent, in the course of an investigation, went to appellee’s home and persuaded the appellee to relinquish four boxes of records. Appellee did not confer with counsel before giving up the documents. Five days later appellee’s attorney demanded that the IRS return all the records. The IRS refused and proceeded to photocopy the documents, which were returned to appellee…