United States v. Fogg

I disagree with the majority’s holding that the videotapes were included within the scope of the warrant. The court below held that videotapes were not within the scope of the warrant. Unpub. op. at 6. The agent who executed the warrant did not believe that the term “photos” included videotapes. The case cited by the majority, United States v. Lowe, 50 F.3d 604 (8th Cir.1995), does not, in my view, support the position that the term “photos” includes videotapes. In Lowe the warrant authorized seizure of items “of personal identification,” and the videotapes that were seized were labeled with…