United States v. Arvle Edgar Medlin, 798 F.2d 407 (10th Cir. 1986). · Go Syfert
United States v. Arvle Edgar Medlin, 798 F.2d 407 (10th Cir. 1986). Cases Citing This Book View Copy Cite
“breadth of a warrant must be justified by the breadth of the probable cause”
116 citation events (30 in the last 25 years) across 22 distinct courts.
Strongest positive: United States v. Foster (ca10, 1996-11-15)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 46 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Foster (2×) also: Cited as authority (rule)
10th Cir. · 1996 · quote attribution · 1 verbatim quote · confidence high
medlin i
discussed Cited as authority (verbatim quote) United States v. Patricia Williams A/K/A Candy (2×) also: Cited "see"
10th Cir. · 1990 · signal: see · quote attribution · 1 verbatim quote · confidence high
breadth of a warrant must be justified by the breadth of the probable cause
discussed Cited as authority (rule) United States v. Pimentel (2×) also: Cited "see"
1st Cir. · 2022 · confidence medium
See Angelos, 433 F.3d at 746 (finding that the warrant was "without ambiguity" and that, accordingly, "the agents executing the warrant . . . reasonably should have noticed its limited scope" and "cannot be said to have acted reasonably"); Medlin, 798 F.2d at 411 (acknowledging that the government's seizures went beyond the clear scope of the warrant but remanding to assess whether the seizures were lawful under the plain view doctrine, and if not, whether any misconduct was so "flagrant" as to justify suppression of all the evidence).
examined Cited as authority (rule) United States v. Knox (3×) also: Cited "see"
D. Kan. · 2015 · confidence medium
See, e.g., Rowland, 145 F.3d at 1204 ; United States v. Medlin, 798 F.2d 407, 409 (10th Cir.1986); Anthony v. United States, 667 F.2d 870, 872-73 (10th Cir.1981). .
discussed Cited as authority (rule) State of Missouri v. Roy D. Lucas
Mo. Ct. App. · 2014 · confidence medium
However, use of the good-faith exception announced in Leon assumes that the warrant was properly executed: Leon, 468 U.S. at 918 n.19, 104 S.Ct. 3405 ; Trenter, 85 S.W.3d at 679 (citing United States v. Medlin, 798 F.2d 407, 410 (10th Cir.1986)).
discussed Cited as authority (rule) United States v. Harrison
10th Cir. · 2009 · confidence medium
“It is only when [an executing officer’s] reliance was wholly unwarranted that good faith is absent.” Cardad, 773 F.2d at 1133 (emphasis added); United States v. Medlin, 798 F.2d 407, 409 (10th Cir.1986) (finding officers’ reliance on warrant was objectively reasonable because warrant affidavit was not devoid of facts); United States v. Wright, 791 F.2d 133, 135 (10th Cir.1986) (concluding that where the affidavit was not “devoid of factual support,” officers who executed the search warrant were “entitled to rely in good faith upon the decision of that magistrate as provided in L…
discussed Cited as authority (rule) United States v. Young
10th Cir. · 2008 · confidence medium
Id.-, see also United States v. Medlin, 798 F.2d 407, 410 (10th Cir.1986) (explaining that the rationale for the exclusionary rule is deterrence of police misconduct, and that “[u]nlike cases in which the police properly execute an invalid warrant that they reasonably thought was valid, in cases of improper execution there is police conduct that must be deterred.”).
discussed Cited as authority (rule) Parks v. Commonwealth (2×)
Ky. · 2006 · confidence medium
"Fourth Amendment violations relating to execution of the warrant are unaffected by Leon , as is reflected by the majority's caution that its discussion `assumes, of course, that the officers properly executed the warrant and searched only those places and for those objects that it was reasonable to believe were covered by the warrant.' Accordingly, Leon cannot be invoked in the prosecution's favor on such issues as whether the warrant was executed in a timely fashion, whether entry without prior notice of authority and purpose to execute the warrant was permissible (when not authorized by the…
discussed Cited as authority (rule) United States v. Smith
D. Utah · 2005 · confidence medium
Leon does apply, however, where the execution was in accordance with the terms of the warrant.” Moland, 996 F.2d at 261 (citing United States v. Medlin, 798 F.2d 407, 410 (10th Cir.1986), and United States v. Moore, 956 F.2d 843, 851 (8th Cir.1992)).
discussed Cited as authority (rule) State of Maine v. Colomy
Me. Super. Ct · 2003 · confidence medium
Excluding evidence seized by police in good faith reliance on a facially valid warrant would not deter misconduct.” United States v. Moland, 996 F.2d 259, 261 (10 Cir. 1993) (citing United States v. Medlin, 798 F.2d 407, 409 (10 Cir. 1986)).
discussed Cited as authority (rule) State v. Trenter
Mo. Ct. App. · 2002 · confidence medium
Good faith reliance also does not excuse a search and seizure based on an invalid warrant if the warrant was improperly executed, United States v. Medlin, 798 F.2d 407, 410 (10th Cir.1986), or if the executing officers have not read the warrant before execution.
discussed Cited as authority (rule) State v. Kleypas (2×)
Kan. · 2001 · confidence medium
Ed.2d 31 , 104 S. Ct. 2210 (1984); United States v. Medlin (Medlin I), 798 F.2d 407, 411 (10th Cir. 1986); Wuagneux, 683 F.2d at 1354 .
discussed Cited as authority (rule) Caudle v. State
Ind. Ct. App. · 2001 · confidence medium
See United States v. Gantt, 194 F.3d 987, 1006 (9th Cir.1999) (holding that officers' failure to present the search warrant to the defendant at the outset of the search of her property was an execution error that prohibited the application of the good faith exception); United States v. Medlin, 798 F.2d 407, 410 (10th Cir.1986) (holding that the seizure of items not listed in the warrant was an execution error that the good faith exception could not remedy).
discussed Cited as authority (rule) United States v. Wick
D.N.M. · 1999 · confidence medium
Blanket Suppression As a general rule, when law enforcement officers seize items beyond the scope of a search warrant, “only the improperly seized evidence, not all of the evidence, must be suppressed .... ” United States v. $149,442.43 in U.S. Currency, 965 F.2d 868, 875 (10th Cir.1992) (quoting *1316 United States v. Medlin, 798 F.2d 407, 411 (10th Cir.1986) (Medlin I)); United States v. Abram, 830 F.Supp. 551, 554 (D.Kan.1993).
discussed Cited as authority (rule) People v. Altman (2×)
Colo. · 1998 · confidence medium
See, e.g., United States v. Laury, 985 F.2d 1293 , 1311 n. 23 (5th Cir.1993); United States v. Medlin, 798 F.2d 407, 409 (10th Cir.1986).
discussed Cited as authority (rule) United States v. Thomas
W.D. Tex. · 1997 · confidence medium
Wrote the court, “The Fifth Circuit concluded that police reliance on an affidavit containing information based on personal dealings between a reliable informant and a suspect was objectively reasonable, when the police also verified information concerning the suspect’s residence.” United States v. Medlin, 798 F.2d 407, 409 (10th Cir.1986).
discussed Cited as authority (rule) United States v. James A. Gravatt, United States of America v. George W. Turley, United States of America v. Wiley Keith Abram
10th Cir. · 1996 · confidence medium
"As a general rule, 'only the improperly seized evidence, not all of the evidence, must be suppressed, unless there was a flagrant disregard for the terms of the warrant.' " United States v. $149,442.43 in United States Currency, 965 F.2d 868 , 875 (10th Cir.1992) (quoting United States v. Medlin, 798 F.2d 407, 411 (10th Cir.1986)).
cited Cited as authority (rule) United States v. Foster
E.D. Okla. · 1995 · confidence medium
United States v. Medlin, 798 F.2d 407, 411 (10th Cir.1986), app. after remand, 842 F.2d 1194 (1988).
discussed Cited as authority (rule) Guerra v. State (2×)
Wyo. · 1995 · confidence medium
When a credible informant, who had purchased illicit drugs from the defendant, provided law enforcement officers with the location of the defendant's trailer home and those officers verified that location, a reviewing court found a sufficient basis upon which to issue a search warrant, declaring that "affidavits much less detailed have formed an adequate basis for establishing probable cause." United States v. Breckenridge, 782 F.2d 1317, 1321 (5th Cir.), cert. denied, 479 U.S. 837 , 107 S.Ct. 136 , 93 L.Ed.2d 79 (1986) (cited with approval in United States v. Medlin, 798 F.2d 407, 409 (10th C…
discussed Cited as authority (rule) United States v. Dracy Lamont McKneely Andrew Ellis, and Alandis Bennett, Also Known as Torjano Akines (2×) also: Cited "see, e.g."
10th Cir. · 1993 · confidence medium
See also Bishop, 890 F.2d at 217 (officer reasonably could have concluded affidavit contained sufficient indicia of probable cause to believe evidence of bank robbery would be found in apartment and automobile despite absence of proof of informant’s veracity or reliability); Corral-Corral, 899 F.2d at 934-35 (officers relied in good faith upon warrant supported by affidavit which “was hurriedly prepared by law enforcement officials in the midst of a rapidly unfolding investigation,” but which was neither “bare bones” nor “devoid” of facts); United States v. Medlin, 798 F.2d 407, …
cited Cited as authority (rule) United States v. Turley
D. Kan. · 1993 · confidence medium
United States v. Medlin, 798 F.2d 407, 411 (10th Cir.1986), app. after remand, 842 F.2d 1194 (1988).
cited Cited as authority (rule) United States v. Abram
D. Kan. · 1993 · confidence medium
United States v. Medlin, 798 F.2d 407, 411 (10th Cir.1986), app. after remand, 842 F.2d 1194 (1988).
discussed Cited as authority (rule) United States v. Hughes
N.D. Ind. · 1993 · confidence medium
“The court mandated that the exclusionary rule be invoked only in those ‘unusual’ cases in which its purposes would be served, i.e., in which it would deter police misconduct.” United States v. Medlin, 798 F.2d 407, 409 (10th Cir.1986).
cited Cited as authority (rule) United States v. Harry Edward Thomas
10th Cir. · 1993 · confidence medium
Id. at 913 ; Leary, 846 F.2d at 607 , citing United States v. Medlin, 798 F.2d 407, 409 (10th Cir.1986).
cited Cited as authority (rule) United States v. Leon-Chavez
D. Utah · 1992 · confidence medium
United States v. Cardall, 773 F.2d 1128, 1133 (10th Cir.1985); United States v. Medlin, 798 F.2d 407, 409 (10th Cir.1986).
discussed Cited as authority (rule) State v. Klingenstein
Md. Ct. Spec. App. · 1992 · confidence medium
When the case first came before the 10th Circuit, the Court remanded for a further evidentiary hearing to explore whether the deputy sheriff had so manipulated events as to create a pretext for the search he was reluctant to pursue independently: “Because of the large number of seized items not listed in the warrant,[ 1 ] it is possible the police used this warrant as a pretext for a general search, which would taint the whole search.” United States v. Medlin, 798 F.2d 407, 411 (10th Cir.1986).
discussed Cited as authority (rule) United States v. Thomas (2×) also: Cited "see, e.g."
D. Utah · 1990 · confidence medium
Id. at 913 , 104 S.Ct. at 3415 ; Leary, 846 F.2d at 607 , citing United States v. Medlin, 798 F.2d 407, 409 (10th Cir.1986).
cited Cited as authority (rule) United States v. Rene Corral-Corral
10th Cir. · 1990 · confidence medium
Leon, 468 U.S. at 913 , 104 S.Ct. at 3415 ; United States v. Medlin, 798 F.2d 407, 409 (10th Cir.1986), later appeal, 842 F.2d 1194 (1988); see generally 1 W.
cited Cited as authority (rule) United States v. James Darriel Orr
10th Cir. · 1988 · confidence medium
See United States v. Leon, 468 U.S. 897, 922 , 104 S.Ct. 3405, 3420 , 82 L.Ed.2d 677 (1984); United States v. Medlin, 798 F.2d 407, 409 (10th Cir.1986).
cited Cited as authority (rule) United States v. Robert Douglas Cook
10th Cir. · 1988 · confidence medium
United States v. Leary, 846 F.2d 592, 607 (10th Cir.1988); United States v. Medlin, 798 F.2d 407, 409 (10th Cir.1986).
examined Cited as authority (rule) United States v. Richard J. Leary, and F.L. Kleinberg & Co. (3×) also: Cited "see", Cited "see, e.g."
10th Cir. · 1988 · confidence medium
United States v. Medlin, 798 F.2d 407, 409 (10th Cir.1986); see generally 1 LaFave § 1.3.
discussed Cited as authority (rule) United States v. Arvle Edgar Medlin
10th Cir. · 1988 · confidence medium
Accordingly, we remanded the case to the district court for an evidentiary hearing in which the trial judge was to determine whether any illegality attended the search and if so, “whether the improper conduct was so flagrant that exclusion of all the seized evidence is warranted.” 798 F.2d at 411 (emphasis in original).
discussed Cited as authority (rule) United States v. Miguel Matias, Sr., Jose Caraballo, Miguel Matias, Jr., Frankie Matias, Luis Garcia, Miguel Matias, Sr., and Jose Caraballo
2d Cir. · 1988 · confidence medium
United States v. Medlin, *748 798 F.2d 407, 411 (10th Cir.1986); United States v. Crozier, 777 F.2d 1376, 1381 (9th Cir.1985); United States v. Lambert, 771 F.2d 83, 93 (6th Cir.), cert. denied, 474 U.S. 1034 , 106 S.Ct. 598 , 88 L.Ed.2d 577 (1985); Marvin v. United States, 732 F.2d 669, 674-75 (8th Cir.1984); United States v. Wuagneux, 683 F.2d 1343, 1354 (11th Cir.1982), ce rt. denied, 464 U.S. 814 , 104 S.Ct. 69 , 78 L.Ed.2d 83 (1983); United States v. Heldt, 668 F.2d 1238, 1259 (D.C.Cir.1981) (per curiam), cert. denied, 456 U.S. 926 , 102 S.Ct. 1971 , 72 L.Ed.2d 440 (1982).
cited Cited "see" United States v. Webster
10th Cir. · 2016 · signal: see · confidence high
See United States v. Medlin, 798 F.2d 407 (10th Cir.1986) (Medlin I), and United States v. Medlin, 842 F.2d 1194 (10th Cir.1988) (M edlin II).
discussed Cited "see" United States v. Markey
D. Conn. · 2001 · signal: see · confidence high
See United States v. Medlin, 798 F.2d 407, 411 (10th Cir.1986) (“The rule is that only the improperly seized evidence, not all of the evidence, must be suppressed, unless there was a flagrant disregard for the terms of the warrant.”) (citing Waller v. Georgia, 467 U.S. 39 , 44 n. 3, 104 S.Ct. 2210 , 81 L.Ed.2d 31 (1984)).
discussed Cited "see" United States v. Eunice Husband (2×)
7th Cir. · 2000 · signal: see · confidence high
See LaFave sec. 1.3(f) ("Fourth Amendment violations related to the execution of a warrant are unaffected by Leon . . . .") (citing United States v. Medlin, 798 F.2d 407 (10th Cir. 1986)). 30 Easterbrook, Circuit Judge, dissenting. 31 If we had to decide in the abstract whether using anesthesia to recover drugs from a suspect's mouth is wise, all things considered, then this might be a difficult case and justify a remand.
cited Cited "see" United States v. Husband, Eunice
7th Cir. · 2000 · signal: see · confidence high
See LaFave sec. 1.3(f) ("Fourth Amendment violations related to the execution of a warrant are unaffected by Leon . . . .") (citing United States v. Medlin, 798 F.2d 407 (10th Cir. 1986)).
examined Cited "see" United States v. Rowland (3×) also: Cited "see, e.g."
10th Cir. · 1998 · signal: see · confidence high
See United States v. Moland, 996 F.2d 259, 261 (10th Cir. 1993) (citing United States v. Medlin, 798 F.2d 407, 410 (10th Cir. 1986)), cert. denied, 510 U.S. 1057 (1994).
examined Cited "see" United States v. James Frederick Rowland (6×) also: Cited "see, e.g."
10th Cir. · 1998 · signal: see · confidence high
See United States v. Moland, 996 F.2d 259, 261 (10th Cir.1993) (citing United States v. Medlin, 798 F.2d 407, 410 (10th Cir.1986)), cert. denied, 510 U.S. 1057 , 114 S.Ct. 722 , 126 L.Ed.2d 686 (1994).
cited Cited "see" United States v. Michael Eugene Moland
10th Cir. · 1993 · signal: see · confidence high
See United States v. Medlin, 798 F.2d 407, 410 (10th Cir.1986).
discussed Cited "see" United States v. Searle
D. Utah · 1992 · signal: see · confidence high
See United States v. Medlin, 798 F.2d 407, 410 (10th Cir.1986) (since warrant authorized seizure of all firearms, question of whether the term “firearms” is too general is governed by whether there is probable cause supporting seizure of all weapons), appeal after remand, 842 F.2d 1194 (1988); United States v. Hershenow, 680 F.2d 847 (1st Cir.1982) (“all accident patient files” description sufficient because there was probable cause concerning all such files)).
cited Cited "see" United States v. One Hundred Forty-Nine Thousand Four Hundred Forty-Two & 43/100 Dollars ($149,442.43) in United States Currency
10th Cir. · 1992 · signal: see · confidence high
See United States v. Medlin, 798 F.2d 407, 409 (10th Cir.1986) (citing United States v. Fama, 758 F.2d 834, 838 (2nd Cir.1985)).
cited Cited "see" United States v. One Hundred Forty-Nine Thousand Four Hundred Forty-Two and 43 100 Dollars
10th Cir. · 1992 · signal: see · confidence high
See United States v. Medlin, 798 F.2d 407, 409 (10th Cir.1986) (citing United States v. Fama, 758 F.2d 834, 838 (2nd Cir.1985)).
discussed Cited "see" United States v. Miguel Pena, A/K/A Bernardo Pena
2d Cir. · 1992 · signal: see · confidence high
See United States v. Medlin, 798 F.2d 407, 410-11 (10th Cir.1986); United States v. Perez, 700 F.2d 1232, 1237-38, 1240 (8th Cir.1983); Jackson, 336 F.2d at 580-81 ; cf. Battle v. United States, 345 F.2d 438, 440 (D.C.Cir.1965) (per curiam) (failure to conduct suppression hearing compounded by “two other serious errors,” conviction reversed and case remanded for new trial).
discussed Cited "see" United States v. Lewis Aaron Cook
10th Cir. · 1991 · signal: see · confidence high
See United States v. Medlin, 798 F.2d 407, 409 (10th Cir.1986) (“Courts frequently have relied on the expert opinion of officers in determining where contraband may be kept.”); United States v. Wood, 695 F.2d 459, 464 (10th Cir.1982); cf. United States v. Castillo, 866 F.2d 1071, 1080 (9th Cir.1988) (expertise of trained narcotics officer to be considered in determining necessity of war-rantless search based on exigency).
discussed Cited "see" Edward M. McConnell v. T.C. Martin, Warden, Federal Correctional Institute, El Reno, Oklahoma, U.S. Parole Commission (2×)
10th Cir. · 1990 · signal: see · confidence high
See United States v. Medlin, 798 F.2d 407, 410-11 (10th Cir.1986).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Arvle Edgar MEDLIN, Defendant-Appellant
84-2568.
Court of Appeals for the Tenth Circuit.
Aug 11, 1986.
798 F.2d 407
David E. O’Meilia and Don E. Gasaway, Tulsa, Okl., for defendant-appellant., Layn R. Phillips, U.S. Atty., and Kenneth P. Snoke, Asst. U.S. Atty., Tulsa, Old., for plaintiff-appellee.
Logan, Seymour, Moore.
Cited by 62 opinions  |  Published
LOGAN, Circuit Judge.

After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed.R.App.P. 34(a); Tenth Cir. R. 10(e). The cause is therefore ordered submitted without oral argument.

Defendant, Arvle Edgar Medlin, entered a conditional guilty plea to unlawful possession of a firearm by a convicted felon, in violation of 18 U.S.C. §§ 922(h)(1) and 924(a), and possession of an unregistered firearm, in violation of 26 U.S.C. § 5861(d). He reserved the right to appeal the denial of his motion to suppress firearms seized under a search warrant. See Fed.R.Crim.P. 11(a)(2). The issues on appeal concern the validity of the search warrant and its execution, especially in view of United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984).

On July 24, 1984, a United States magistrate issued a search warrant to agents of the Bureau of Alcohol, Tobacco and Firearms (BATF) to search Medlin’s home. The search warrant, after describing the home, authorized the seizure of “firearms —illegally possessed by Arvle Edgar Medlin, and/or stolen firearms, records of the purchase or sale of such firearms by Medlin, which are fruits, evidence and instrumentalities of violation of Title 18, United States Code, Sections 922(h)(1); 922(a)(1); 922(j) and 924(a).” R. I, 15. The warrant was issued on the basis of an affidavit by BATF agent Samuel N. Evans. Evans’ affidavit stated that a confidential informant had reported to him on July 23, 1984, that the informant had sold approximately thirty stolen guns to a man known as “Tiny” on numerous occasions since June or July 1983. The last sale had occurred on June 16 or 17, 1984. Evans stated that this informant previously had provided reliable information that led to the arrest of two persons. The informant identified a photo of Medlin as the man to whom he had sold the stolen guns. Evans had ascertained that Medlin previously had been convicted of the federal felony of dealing in firearms without a license. Finally, Evans also asserted that his investigation had revealed that Medlin had no place of business and that he believed the guns were at Medlin’s home.

On the same day the warrant was issued, BATF agents and local police officers searched Medlin’s home. The BATF agents seized numerous guns; in addition, the local police apparently seized other items, including jewelry, furs, cameras, tools, sporting goods, and stereo and video equipment. No items other than the guns were used in Medlin’s trial in this case.

Following a hearing, the district court denied Medlin's motion to suppress the guns, finding that the warrant was facially sufficient and that there was probable cause for its issuance. We affirm the district court’s decision on the basis of Leon but remand for an evidentiary hearing on whether the seizure of items not named in the warrant requires suppression of all the fruits of the search.

I

Medlin attacks the warrant on the following grounds: (1) the goods to be seized were not described sufficiently; (2) the underlying information was stale; (3) there[*409] was insufficient grounds for believing the contraband was in defendant’s home; and (4) there was no probable cause for believing the existence of the grounds on which the search warrant was issued. We need not analyze each of these contentions in terms of whether the magistrate should have issued the search warrant. We assume, for purposes of analysis, that this is a case in which an appellate court, after careful reflection, would be hard pressed to determine whether probable cause existed. In such a case the good-faith principles established in Leon, 468 U.S. at 922-25,104 S.Ct. at 3412 come into play directly.

In Leon the Supreme Court held that the exclusionary rule would not apply when an officer acted “in objectively reasonable reliance on a subsequently invalidated search warrant____” 468 U.S. at 922, 104 S.Ct. at 3421. The Court, emphasizing that the exclusionary rule is aimed at deterring police rather than judicial misconduct, reasoned that excluding evidence seized in good-faith reliance on a search warrant would not deter police misconduct. Id. at 916-22, 104 S.Ct. at 3418-20. The Court mandated that the exclusionary rule be invoked only in those “unusual” cases in which its purposes would be served, i.e., in which it would deter police misconduct. Id. at 922, 104 S.Ct. at 3419.

Leon set out four situations in which the exclusionary rule would still apply:

“(1) the magistrate issued the warrant in reliance on a deliberately or recklessly false affidavit (citing Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978));
(2) the magistrate abandoned his judicial role and failed to perform his neutral and detached function (citing Lo Ji. Sales, Inc. v. New York, 442 U.S. 319, 99 S.Ct. 2319, 60 L.Ed.2d 920 (1979));
(3) the warrant was based on an affidavit ‘so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable’ (quoting Brown v. Illinois, 422 U.S. 590, 610-11, 95 S.Ct. 2254, 2265, 45 L.Ed.2d 416 (1975) (Powell, J., concurring)); or
(4) the warrant was so facially deficient that it failed to particularize the place to be searched or the things to be seized (citing Massachusetts v. Sheppard, 468 U.S. 981, 104 S.Ct. 3424, 82 L.Ed.2d 737 (1984)).”

United States v. Gant, 759 F.2d 484, 487 (5th Cir), cert. denied, — U.S.—, 106 S.Ct. 149, 88 L.Ed.2d 123 (1985) (citing Leon, 468 U.S. at 923, 104 S.Ct. at 3421). Medlin apparently contends that the warrant at issue here falls within exceptions (3) and (4). We disagree.

The agents’ reliance on the magistrate’s issuance of the warrant was objectively reasonable. First, the affidavit supporting the warrant was not “devoid” of facts. See United States v. Cardall, 773 F.2d 1128, 1133 (10th Cir.1985). Instead it contained a statement by a reliable informant that Medlin had purchased stolen weapons. This information was corroborated in part by the informant’s identification of a photograph of Medlin and the police officer’s determination that the telephone number the informant had for “Tiny” was registered in Medlin’s name. In an analogous case, the Fifth Circuit concluded that police reliance on an affidavit containing information based on personal dealings between a reliable informant and a suspect was objectively reasonable, when the police also verified information concerning the suspect’s residence. United States v. Breckenridge, 782 F.2d 1317, 1321 (5th Cir.1986).

Second, the agents apparently tried to discover if Medlin had a place of business where he might keep the weapons. When they discovered no such business, it was objectively reasonable for them to conclude that any weapons he might have would be at his residence. Courts frequently have relied on the expert opinion of officers in determining where contraband might be kept. See United States v. Fama, 758 F.2d 834, 838 (2d Cir.1985) (agent’s expert opinion is factor contributing to objective good faith).

With respect to Medlin’s staleness claim, we note that stolen weapons are not dis[*410] posed of so easily that it was unreasonable for the agents to believe the magistrate inferred Medlin would still possess them just one month after the alleged sale. This is especially true in light of the agents’ determination that Medlin had no place of business through which he could dispose of the weapons.

Medlin also contends that the warrant was facially deficient. He argues that the description “firearms — illegally possessed by Arvle Edgar Medlin” is too general. The government responds to this argument by noting that there was probable cause to seize all Medlin’s firearms because Medlin was an ex-felon and thus his possession of any firearms violated 18 U.S.C. § 922(h)(1). Medlin counters by arguing that the warrant itself did not include the language of 18 U.S.C. § 922(h)(1) or state that Medlin was an exfelon, and that, unless we are willing to presume the agents were familiar with the terms of the statute, they would not have known that all the firearms were subject to seizure. [1]

Although Medlin’s argument is tenable, we believe the warrant commanded the agents simply to seize all firearms. Therefore the question is not whether the term “firearms” was too general, but whether there was probable cause supporting seizure of all weapons. Because Medlin was an ex-felon, his possession of any firearms was illegal. 18 U.S.C. § 922(h)(1). Thus there was probable cause supporting the generic description of “firearms” used in the warrant. See United States v. Hershenow, 680 F.2d 847, 852 (1st Cir.1982) (“all accident patient files” description sufficient because there was probable cause concerning all such files); Voss v. Bergsgaard, 774 F.2d 402, 408 (10th Cir.1985) (Logan, J., concurring) (“breadth of a warrant must be justified by the breadth of the probable cause.”). Having concluded that the description in the warrant was constitutionally sufficient, Medlin’s contention that the officers could not have reasonably relied on the warrant must fail.

II

Medlin also contends that the search the officers conducted substantially exceeded the scope of the warrant. This requires us to determine the effect on the search as a whole of the seizure by the local police of items not named in the warrant. Medlin correctly notes that Leon does not apply to issues of improper execution of warrants. Professor LaFave explains:

“Fourth Amendment violations relating to execution of the warrant are unaffected by Leon, as is reflected by the majority’s caution that its discussion ‘assumes, of course, that the officers properly executed the warrant and searched only those places and for those objects that it was reasonable to believe were covered by the warrant.’ Accordingly, Leon cannot be invoked in the prosecution’s favor on such issues as whether the warrant was executed in a timely fashion, whether entry without prior notice of authority and purpose to execute the warrant was permissible (when not authorized by the warrant itself), whether certain persons were properly detained or searched incident to execution of the warrant, whether the scope and intensity and duration of the warrant execution were excessive, and whether certain items not named in the warrant were properly seized.”

LaFave, “The Seductive Call of Expediency”: United States v. Leon, It’s Rationale and Ramifications, 1984 U.Ill.L.Rev. 895, 915-16 (1984) (quoting Leon, 468 U.S. at 918 n. 19, 104 S.Ct. at 3419 n. 19) (original emphasis) (footnotes omitted). Unlike cases in which the police properly execute an invalid warrant that they reasonably thought was valid, in cases of improper execution there is police conduct that must be deterred. Thus we must determine whether the improper execution requires exclusion of the evidence.

[*411] The government argues that the seizures of the other items of personal property during the search are completely irrelevant to the admissibility of the weapons the BATF agents seized for use in the federal prosecution. The rule is that only the improperly seized evidence, not all of the evidence, must be suppressed, unless there was a flagrant disregard for the terms of the warrant. See Waller v. Georgia, 467 U.S. 39, 44 n. 3, 104 S.Ct. 2210, 2214 n. 3, 81 L.Ed.2d 31 (1984); [2] United States v. Crozier, 777 F.2d 1376, 1381 (9th Cir.1985); Marvin v. United States, 732 F.2d 669, 674-75 (8th Cir.1984); United States v. Tamura, 694 F.2d 591, 597 (9th Cir.1982); United States v. Wuagneux, 683 F.2d 1343, 1354 (11th Cir.1982), cert. denied, 464 U.S. 814, 104 S.Ct. 69, 78 L.Ed.2d 83 (1983); United States v. Heldt, 668 F.2d 1238, 1259-60 (D.C.Cir.1981), cert. denied, 456 U.S. 926, 102 S.Ct. 1971, 72 L.Ed.2d 440 (1982). But “flagrant disregard for the limitations of a search warrant might make an otherwise valid search an impermissible general search and thus require suppression or return of all evidence seized during the search.” Marvin, 732 F.2d at 674-75.

Medlin contends that, in addition to the weapons, police seized more than 500 items of his property. The government responds that these were stolen property and were in plain view. But Medlin asserts that only one item was found to be stolen. The district court apparently believed that the weapons seized by the federal agents could not be suppressed regardless of how extreme the actions of accompanying local police officers were. Therefore no evidence was presented at the suppression hearing concerning the circumstances surrounding the seizure of property not named in the warrant. [3] Because of the large number of seized items not listed in the warrant, it is possible the police used this warrant as a pretext for a general search, which would taint the whole search. See United States v. Rettig, 589 F.2d 418, 423 (9th Cir.1978). We therefore must remand this case to the district court for an evidentiary hearing to determine whether property was seized illegally, and, if so, whether the improper conduct was so flagrant that exclusion of all the seized evidence is warranted.

AFFIRMED in part, but REMANDED for further proceedings consistent herewith.

1

. The affidavit underlying the warrant did state that Medlin was an ex-felon. When an affidavit is attached to a warrant and incorporated by reference into the warrant, it can be used to cure a lack of particularity. E.g., United States v. Klein, 565 F.2d 183, 186 n. 3 (1st Cir.1977). There is no evidence in this case, however, that the affidavit was attached to the warrant.

2

. Unlike the petitioner in Waller v. Georgia, Medlin apparently does assert that the scope of the warrant was exceeded in the places searched. See Waller, 467 U.S. at 44 n. 3, 104 S.Ct. at 2214 n. 3.

3

. The record of the suppression hearing demonstrates that Medlin did not know it would be his only opportunity to present evidence on this issue. But the court suggested that it would have allowed presentation of evidence if Medlin’s legal arguments had merit.