United States v. Arvle Edgar Medlin, 842 F.2d 1194 (10th Cir. 1988). · Go Syfert
United States v. Arvle Edgar Medlin, 842 F.2d 1194 (10th Cir. 1988). Cases Citing This Book View Copy Cite
“when law enforcement officers grossly , exceed the scope of a search warrant in seizing property, the particularity requirement is undermined and a valid warrant is transformed into a general warrant'thereby requiring suppression of all evidence seized under that warrant”
296 citation events (127 in the last 25 years) across 44 distinct courts.
Strongest positive: United States v. Anthony Glover (cadc, 2025-07-22)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) United States v. Anthony Glover
D.C. Cir. · 2025 · quote attribution · 1 verbatim quote · confidence high
layperson, under . . . extreme conditions . . . could hardly be expected to distinguish between that part of the search which was authorized by warrant, and for which his consent was unnecessary, and that part of the search which was unauthorized.
examined Cited as authority (verbatim quote) United States v. Wey
S.D.N.Y. · 2017 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
when law enforcement officers grossly , exceed the scope of a search warrant in seizing property, the particularity requirement is undermined and a valid warrant is transformed into a general warrant'thereby requiring suppression of all evidence seized under that warrant
examined Cited as authority (verbatim quote) State v. Maddox
Wash. Ct. App. · 2003 · quote attribution · 1 verbatim quote · confidence high
hen law enforcement officers grossly exceed the scope of a search warrant in seizing property,... a valid warrant is transformed into a general warrant thereby requiring suppression of all evidence seized under that warrant
examined Cited as authority (quoted) United States v. Foster (17×) also: Cited as authority (rule), Cited "see", Cited "see, e.g."
10th Cir. · 1996 · quote attribution · 2 verbatim quotes · confidence low
medlin ii
cited Cited as authority (rule) State v. Blevins
Kan. Ct. App. · 2021 · confidence medium
United States v. Medlin, 842 F.2d 1194, 1199 (10th Cir. 1988).
discussed Cited as authority (rule) United States v. Khan
10th Cir. · 2021 · confidence medium
“When law enforcement officers grossly exceed the scope of a search warrant in seizing property, the particularity requirement [under the Fourth Amendment] is 20 undermined and a valid warrant is transformed into a general warrant thereby requiring suppression of all evidence seized under that warrant.” United States v. Medlin, 842 F.2d 1194, 1199 (10th Cir. 1988) (Medlin II).
cited Cited as authority (rule) State v. Merrill
Kan. Ct. App. · 2020 · confidence medium
United States v. Medlin, 842 F.2d 1194, 1199 (10th Cir. 1988).
cited Cited as authority (rule) Christina L. McQuade v. State
Tex. App. · 2016 · confidence medium
Kimbrough, 69 F.3d at 728 ; U.S. v. Medlin, 842 F.2d 1194, 1199 (10th Cir. 1988); U.S. v. Rettig, 589 F.2d 418, 423 (9th Cir. 1978).
examined Cited as authority (rule) United States v. Webster (3×) also: Cited "see", Cited "see, e.g."
10th Cir. · 2016 · confidence medium
See, e.g., United States v. Rettig, 589 F.2d 418, 422-24 (9th Cir.1978) (valid warrant transformed into general search where officers greatly exceeded scope of the warrant and evidence seized in bad faith was used to convict defendant; court of appeals held total suppression of all evidence was thereby warranted); Medlin II, 842 F.2d at 1199 (flagrant disregard of warrant mandated total suppression); Foster, 100 F.3d at 851 (same).
discussed Cited as authority (rule) State v. Rindfleisch
Wis. Ct. App. · 2014 · confidence medium
When a search is conducted with flagrant disregard for the limitations found in the warrant, the Fourth Amendment's "particularity requirement is undermined and a valid warrant is transformed into a general warrant thereby requiring suppression of all evidence seized under that warrant." United States v. Medlin, 842 F.2d 1194, 1199 (10th Cir. 1988). ¶ 23.
discussed Cited as authority (rule) Reid v. Pautler
D.N.M. · 2014 · confidence medium
The Tenth Circuit in Cassady v. Goering explained that it had previously “applied a blanket suppression where officers conducted a general search for evidence of crimes not specifically listed in the warrant,” 567 F.3d at 643 (emphasis in original) (citing United States v. Foster, 100 F.3d 846, 851-52 (10th Cir.1996); United States v. Medlin, 842 F.2d 1194, 1199-1200 (10th Cir.1988)); given that line of cases, the Tenth Circuit said “it would be an odd result not to suppress warrants that expressly authorize a general search and seizure,” Cassady v. Goering, 567 F.3d at 643 (emphasis i…
discussed Cited as authority (rule) Tapia v. City of Albuquerque
D.N.M. · 2014 · confidence medium
The Tenth Circuit in Cassady v. Goering explained that it had previously “applied a blanket suppression where officers conducted a general search for evidence of crimes not specifically listed in the warrant,” 567 F.3d at 643 (emphasis in original)(citing United States v. Foster, 100 F.3d 846, 851-52 (10th Cir.1996); United States v. Medlin, 842 F.2d 1194, 1199-1200 (10th Cir.1988)); given that line of cases, the Tenth Circuit said “it would be an odd result not to suppress warrants that expressly authorize a general search and seizure,” Cassady v. Goering, 567 F.3d at 643 (emphasis in…
discussed Cited as authority (rule) Tapia v. City of Albuquerque
D.N.M. · 2014 · confidence medium
The Tenth Circuit in Cassady v. Goering explained that it had previously “applied a blanket suppression where officers conducted a general search for evidence of crimes not specifically listed in the warrant,” 567 F.3d at 643 (emphasis in original) (citing United States v. Foster, 100 F.3d 846, 851-52 (10th Cir.1996); United States v. Medlin, 842 F.2d 1194, 1199-1200 (10th Cir.1988)); given that line of cases, the Tenth Circuit said “it would be an odd result not to suppress warrants that expressly authorize a general search and seizure,” Cassady v. Goering, 567 F.3d at 643 (emphasis i…
discussed Cited as authority (rule) Ysasi v. Brown
D.N.M. · 2014 · confidence medium
The Tenth Circuit explained that it had previously “applied a blanket suppression where officers conducted a general search for evidence of crimes not specifically listed in the warrant,” 567 F.3d at 643 (emphasis in original) (citing United States v. Foster, 100 F.3d 846, 851-52 (10th Cir.1996); United States v. Medlin, 842 F.2d 1194, 1199-1200 (10th Cir.1988)); given that line of cases, the Tenth Circuit said “it would be an odd result not to suppress warrants that expressly authorize a general search and seizure,” 567 F.3d at 643 (emphasis in original). 9.
discussed Cited as authority (rule) Apodaca v. State of New Mexico Adult Probation & Parole
D.N.M. · 2014 · confidence medium
The Tenth Circuit explained that it had previously “applied a blanket suppression where officers conducted a general search for evidence of crimes not specifically listed in the warrant,” 567 F.3d at 643 (emphasis in original) (citing United States v. Foster, 100 F.3d 846, 851-52 (10th Cir.1996); United States v. Medlin, 842 F.2d 1194, 1199-1200 (10th Cir.1988)); given that line of cases, the Tenth Circuit said “it would be an odd result not to suppress warrants that expressly authorize a general search and seizure,” 567 F.3d at 643 (emphasis in original).
cited Cited as authority (rule) United States v. Alabi
D.N.M. · 2013 · confidence medium
See Cassady v. Goering, 567 F.3d at 643 ; United States v. Foster, 100 F.3d 846, 851-52 (10th Cir.1996); United States v. Medlin, 842 F.2d 1194, 1199-1200 (10th Cir.1988).
discussed Cited as authority (rule) Russell Marcilis, II v. Township of Redford
6th Cir. · 2012 · confidence medium
Though the officers might have been mistaken as to whether the photographs seized were within the scope of the warrant, we cannot conclude that it was a “flagrant disregard” of the warrant limitation to seize photographs pursuant to a warrant that expressly provided for the seizure of “all photographs ... depicting] controlled substances and/or proceeds from controlled substances.” See, e.g., United States v. Medlin, 842 F.2d 1194, 1199 (10th Cir.1988) (finding that the improper seizure of 667 pieces of property grossly exceeded the scope of the warrant and required suppression of all …
discussed Cited as authority (rule) United States v. Harrison (2×) also: Cited "see"
10th Cir. · 2011 · confidence medium
Where there is coercion there cannot be consent.”); Eidson v. Owens, 515 F.3d 1139, 1147 (10th Cir.2008) (holding a statement is coercive when it “indicates that there are punitive ramifications to the exercise of the constitutional right to refuse consent”); United *1280 States v. Medlin, 842 F.2d 1194, 1198 (10th Cir.1988) (affirming suppression of evidence because “it seems reasonable that Medlin would have believed when faced by federal and state officers with guns drawn that he had no right to resist” the search); see also McCurdy, 40 F.3d at 1119 (“An officer’s request for …
discussed Cited as authority (rule) United States v. Allen (2×)
10th Cir. · 2011 · confidence medium
United States v. Foster, 100 F.3d 846, 849 (10th Cir.1996). “[T]he Fourth Amendment mandates that search warrants particularly describe the place to be searched and the persons or things to be seized.” United States v. Medlin, 842 F.2d 1194, 1199 (10th Cir. 1988) (brackets and internal quotation marks omitted).
discussed Cited as authority (rule) United States v. Asad
C.D. Ill. · 2010 · signal: cf. · confidence medium
See United States v. Hargus, 128 F.3d 1358, 1363 (10th Cir.1997); cf. United States v. Medlin, 842 F.2d 1194, 1196-98 (10th Cir.1988) (court found district court properly suppressed evidence where deputy seized 667 items of property related to state offenses, none of which were identified in the warrant authorizing the search).
discussed Cited as authority (rule) State v. Artic (2×)
Wis. · 2010 · confidence medium
In United States v. Medlin, 842 F.2d 1194, 1196 (10th Cir. 1988), ATF agents entered the defendant's property executing a federal search warrant but subsequently seized items beyond the scope of the warrant that the ATF deputy believed to be evidence of state law violations.
discussed Cited as authority (rule) United States v. Towne
D. Mass. · 2010 · confidence medium
See United States v. Foster, 100 F.3d 846, 850-851 (10th Cir.1996) (officers executing a drug and firearms warrant seized “everything of value” in defendant’s home); United States v. Medlin, 842 F.2d 1194, 1199 (10th Cir.1988) (federal agents executing a warrant for firearms permitted a local sheriff to seize 667 unlisted items that he believed were stolen).
cited Cited as authority (rule) Kerns v. Board of Com'rs of Bernalillo County
D.N.M. · 2010 · confidence medium
See Cassady v. Goering, 567 F.3d at 643 ; United States v. Foster, 100 F.3d 846, 851-52 (10th Cir.1996); United States v. Medlin, 842 F.2d 1194, 1199-1200 (10th Cir.1988). 3.
examined Cited as authority (rule) Cassady v. Goering (4×)
10th Cir. · 2009 · confidence medium
United States v. Foster, 100 F.3d 846, 851-52 (10th Cir.1996); United States v. Medlin, 842 F.2d 1194, 1199-1200 (10th Cir.1988).
examined Cited as authority (rule) State v. Pender (3×) also: Cited "see", Cited "see, e.g."
Wis. Ct. App. · 2008 · confidence medium
When a search is conducted with flagrant disregard for the limitations found in the warrant, the Fourth Amendment's "particularity requirement is undermined and a valid warrant is transformed into a general warrant thereby requiring suppression of all evidence seized under that warrant." United States v. Medlin, 842 F.2d 1194, 1199 (10th Cir. 1988). ¶ 10.
discussed Cited as authority (rule) United States v. Srivastava
D. Maryland · 2007 · confidence medium
United States v. Uzenski, 434 F.3d 690, 706 (4th Cir.2006)(“Blanket suppression is therefore appropriate where the warrant application merely serves as a subterfuge masking the officers’ lack of probable cause for a general search ... or where the officers flagrantly disregard the terms of the warrant”) (citations omitted); United States v. Ruhe, 191 F.3d 376, 383 (4th Cir.1999)(“In extreme circumstances even properly seized evidence may be excluded when the officers executing the warrant exhibit a “flagrant disregard for its terms”)(quoting United States v. Jones, 31 F.3d 1304, 13…
discussed Cited as authority (rule) United States v. Srivastava (2×)
D. Maryland · 2006 · confidence medium
“When law enforcement officers grossly exceed the scope of a search warrant in seizing property, the particularity requirement is undermined and a valid warrant is transformed into a general warrant thereby requiring suppression of all evidence seized under that warrant.” United States v. Medlin, 842 F.2d 1194, 1198-99 (10th Cir.1988)(empha-sis added); see also Uzenski, 434 F.3d at 706 (“Blanket suppression is ... appropriate where the warrant application merely serves as a general subterfuge masking the officers’ lack of probable cause for a general search ... or where the officers �…
cited Cited as authority (rule) United States v. Blunt
10th Cir. · 2006 · confidence medium
A similar “fishing expedition” was conducted in United States v. Medlin, 842 F.2d 1194, 1199 (10th Cir.1988).
discussed Cited as authority (rule) United States v. Uzenski
4th Cir. · 2006 · confidence medium
Indeed, blanket suppression is warranted where the officers engage in a "fishing expedition for the discovery of incriminating evidence." Foster, 100 F.3d at 850-51 (finding flagrant disregard and granting blanket suppression where warrant only authorized search and seizure for four weapons and marijuana, but DEA agents seized thirty-five items, including firearms, ammunition, and various drug parapherna- lia, and state officers seized "anything of value" in the residence); United States v. Medlin, 842 F.2d 1194, 1198-99 (10th Cir. 1988) (finding flagrant disregard and granting blanket suppres…
discussed Cited as authority (rule) United States v. Thomas Edward Uzenski
4th Cir. · 2006 · confidence medium
Indeed, blanket suppression is warranted where the officers engage in a “fishing expedition for the discovery of incriminating evidence.” Foster, 100 F.3d at 850-51 (finding flagrant disregard and granting blanket suppression where warrant only authorized search and seizure for four weapons and marijuana, but DEA agents seized thirty-five items, including firearms, ammunition, and various drug paraphernalia, and state officers seized “anything of value” in the residence); United States v. Medlin, 842 F.2d 1194, 1198-99 (10th Cir.1988) (finding flagrant disregard and granting blanket su…
discussed Cited as authority (rule) United States v. Moraga (2×) also: Cited "see, e.g."
10th Cir. · 2003 · confidence medium
United States v. Medlin, 842 F.2d 1194, 1199 (10th Cir.1988).
discussed Cited as authority (rule) State v. Maddox
Wash. Ct. App. · 2003 · confidence medium
LAFAVE, supra n. 29, § 4.6(f) at 582. [36] See United States v. Foster, 100 F.3d 846, 849 (10th Cir.1996); United States v. Medlin, 842 F.2d 1194, 1199 (10th Cir.1988) ("When law enforcement officers grossly exceed the scope of a search warrant in seizing property, ... a valid warrant is transformed into a general warrant thereby requiring suppression of all evidence seized under that warrant"); Marvin v. United States, 732 F.2d 669, 674-75 (8th Cir.1984); Crozier, 777 F.2d at 1381 ; United States v. Heldt, 668 F.2d 1238, 1259 (D.C.Cir.1981), cert. denied sub nom.
examined Cited as authority (rule) State v. Kleypas (4×) also: Cited "see"
Kan. · 2001 · confidence medium
"When law enforcement officers grossly exceed the scope of a search warrant in seizing property, the particularity requirement is undermined and a valid warrant is transformed into a general warrant thereby requiring suppression of all evidence seized under that warrant." U.S. v. Medlin (Medlin II), 842 F.2d 1194, 1199 (10th Cir. 1988).
cited Cited as authority (rule) United States v. Hampton
D. Kan. · 2001 · confidence medium
United States v. Foster, 100 F.3d 846, 849-50 (10th Cir.1996) (quoting United States v. Medlin, 842 F.2d 1194, 1199 (10th Cir.1988)).
discussed Cited as authority (rule) State v. Jacobs (2×)
N.M. · 2000 · confidence medium
Id. at 1269-70 ; see also Foster, 100 F.3d at 852 (upholding the district court's finding that the officers obtained the search warrant with an intent to seize anything of value rather than to adhere to specific terms of warrant); United States v. Medlin, 842 F.2d 1194, 1197-99 (10th Cir.1988) (finding that the basis for obtaining the warrant and conducting the search was pretextual).
discussed Cited as authority (rule) United States v. Squillacote (2×) also: Cited "see"
4th Cir. · 2000 · confidence medium
See United States v. Foster, 100 F.3d 846, 848 (10th Cir.1996); Medlin, 842 F.2d at 1196, 1199 ; United States v. Rettig, 589 F.2d 418, 420-21 (9th Cir.1978).
discussed Cited as authority (rule) United States v. Theresa Marie Squillacote, A/K/A Tina, A/K/A Mary Teresa Miller, A/K/A the Swan, A/K/A Margaret, A/K/A Margit, A/K/A Margret, A/K/A Margrit, A/K/A Lisa Martin, A/K/A Resi, A/K/A Anne, United States of America v. Kurt Alan Stand, A/K/A Ken, A/K/A Junior, A/K/A Alan David Jackson (2×) also: Cited "see"
4th Cir. · 2000 · confidence medium
See United States v. Foster, 100 F.3d 846, 848 (10th Cir. 1996); Medlin, 842 F.2d at 1196, 1199 ; United States v. Rettig, 589 F.2d 418, 420-21 (9th Cir. 1978). 48 In this case, however, the Appellants do not contend that any of the evidence seized by the government was beyond the scope of the warrant or that, by remaining in the house after 10:00 p.m., the government impermissibly converted the warrant into a general warrant.
discussed Cited as authority (rule) United States v. Peterson (2×)
D. Colo. · 2000 · confidence medium
As to what is to be taken, nothing is left to the discretion of the officer executing the warrant.” Stanford v. Texas, 379 U.S. 476, 485 , 85 S.Ct. 506 , 13 L.Ed.2d 431 (1965) (citations and quotations omitted); See also Andre-sen v. Maryland, 427 U.S. 463, 480 , 96 S.Ct. 2737 , 49 L.Ed.2d 627 (1976); United States v. Medlin, 842 F.2d 1194,1199 (10th Cir.1988); Foss v. Bergsgaard, 774 F.2d 402, 404 (10th Cir.1985).
discussed Cited as authority (rule) State v. Patscheck
N.M. Ct. App. · 2000 · confidence medium
See United States v. Foster, 100 F.3d 846, 848-53 (10th Cir.1996) (holding blanket suppression was appropriate where warrant authorized search for marijuana and four guns and officers seized thirty-five items over seven hours); United States v. Medlin, 842 F.2d 1194, 1195-1200 (10th Cir.1988) (holding blanket suppression was appropriate where the warrant sought firearms and the search reaped a total of 667 items not identified in the warrant); United States v. Rettig, 589 F.2d 418, 420-23 (9th Cir.1978) (holding blanket suppression was appropriate where warrant authorized search for marijuana …
discussed Cited as authority (rule) Beasley v. State (2×) also: Cited "see"
Tex. App. · 1999 · confidence medium
In United States v. Medlin, the primary case relied upon by Beasley to support his argument, the state officers who seized the additional items not specified in the search warrant were participating in the search as an assistant to and under the direction of the federal officers executing the warrant. 842 F.2d at 1199, 1200 .
cited Cited as authority (rule) United States v. Ruhe
4th Cir. · 1999 · confidence medium
See also United States v. Borromeo, 954 F.2d 245, 246 (4th Cir. 1992); United States v. Medlin, 842 F.2d 1194, 1199 (10th Cir. 1988).
discussed Cited as authority (rule) United States v. Robert Ruhe (2×)
4th Cir. · 1999 · confidence medium
See also United States v. Borromeo, 954 F.2d 245, 246 (4th Cir.1992); United States v. Medlin, 842 F.2d 1194, 1199 (10th Cir.1988).
discussed Cited as authority (rule) Robinson v. City and County of Denver
D. Colo. · 1999 · confidence medium
Where law enforcement officers’ actions grossly exceed the scope of a particularized warrant, they undermine the particularity requirement of the Fourth Amendment. 1 United States v. Medlin, 842 F.2d 1194, 1199 (10th Cir.1988).
cited Cited as authority (rule) United States v. Wick
D.N.M. · 1999 · confidence medium
United States v. Medlin, 842 F.2d 1194, 1199-1200 (10th Cir.1988) (Medlin II); United States v. Foster, 100 F.3d 846, 850-51 (10th Cir.1996).
cited Cited as authority (rule) Dobson v. McNally
10th Cir. · 1998 · confidence medium
See generally United States v. Kennedy , 131 F.3d 1371, 1375 (10th Cir. 1997), cert. denied 119 S. Ct. 151 (1998); United States v. Medlin , 842 F.2d 1194, 1199 (10th Cir. 1988).
discussed Cited as authority (rule) Dobson v. McNally
10th Cir. · 1998 · confidence medium
See generally United States v. Kennedy, 131 F.3d 1371, 1375 (10th Cir.1997), cert. denied --- U.S. ----, 119 S.Ct. 151 , 142 L.Ed.2d 123 (1998); United States v. Medlin, 842 F.2d 1194, 1199 (10th Cir.1988). 13 Finally, as to the two remaining defendants who were allegedly involved in Dobson's post-arrest detainment in the county jail, there is no basis for concluding they violated Dobson's constitutional rights.
discussed Cited as authority (rule) United States v. Wood
D. Kan. · 1998 · confidence medium
The defendant argues the following rule is applicable here that “‘[w]hen law enforcement officers grossly exceed the scope of a search warrant in seizing property, the particularity requirement is undermined and a valid warrant is transformed into a general warrant thereby requiring suppression of all evidence seized under that warrant.’ ” Unit *1228 ed States v. Foster, 100 F.3d 846, 850 (10th Cir.1996) (quoting United States v. Medlin, 842 F.2d 1194, 1199 (10th Cir.1988)).
discussed Cited as authority (rule) United States v. Frost (2×) also: Cited "see"
6th Cir. · 1997 · confidence medium
Frost relies primarily upon United States v. Medlin, 842 F.2d 1194, 1199 (10th Cir.1988), in which the Tenth Circuit suppressed all seized evidence when an officer acted in flagrant disregard of the terms of the search warrant.
cited Cited as authority (rule) United States v. Hargus
10th Cir. · 1997 · confidence medium
United States v. Foster, 100 F.3d 846, 849-50 (10th Cir. 1996) (quoting United States v. Medlin, 842 F.2d 1194, 1199 (10th Cir. 1988) (Medlin II)).
cited Cited as authority (rule) United States v. Charley Hargus
10th Cir. · 1997 · confidence medium
United States v. Foster, 100 F.3d 846, 849-50 (10th Cir.1996) (quoting United States v. Medlin, 842 F.2d 1194, 1199 (10th Cir.1988) (Medlin II)).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellant,
v.
Arvle Edgar MEDLIN, Defendant-Appellee
87-2041.
Court of Appeals for the Tenth Circuit.
Mar 24, 1988.
842 F.2d 1194
Kenneth P. Snoke, Asst. U.S. Atty. (Tony M. Graham, U.S. Atty., with him on the brief), Tulsa, Okl., for plaintiff-appellant., Don E. Gasaway of Gasaway & Levin-son, P.A., Tulsa, Okl., for defendant-appel-lee.
Logan, Seth, Barrett.
Cited by 150 opinions  |  Published
1 passages pin-cited by 1 case
Pinpoint authority: bottom 74%
Citer courts: Tenth Circuit (2)
SETH, Circuit Judge.

The United States takes this appeal from the trial court’s order suppressing all evidence seized in a search of Arvle Edgar Medlin’s residence including that evidence which was particularly described in the search warrant. The trial court suppressed the evidence after an evidentiary hearing ordered by our decision in United States v. Medlin, 798 F.2d 407 (10th Cir.) (Medlin I).

The search, by federal and local officers, which led to the seizure of the subject evidence was made pursuant to a warrant issued to the federal officers. It authorized the search for and 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 in-strumentalities of violation of Title 18, United States Code, Sections 922(h)(1); 922(a)(1); 922(j) and 924(a).” The search warrant issued by a United States magistrate to agents of the Bureau of Alcohol, Tobacco and Firearms (ATF) was supported by an affidavit of ATF Agent Samuel N. Evans.

At the evidentiary hearing on remand, the testimony was that the information which led to the issuance of the federal search warrant was provided by a confidential informant to Tulsa County Deputy Sheriff Don Carter. The informant had on a previous occasion told Carter that stolen property other than firearms might be found at Medlin’s residence in Skiatook. Apparently, Carter was interested in pursuing the “tip” provided by the informant but did not seek a search warrant based upon the “tip” because of his poor working relationship with officials of neighboring Osage County where Medlin’s residence was located. Because Medlin’s possession of stolen firearms would be evidence of a federal crime, Carter passed along the informant’s information to ATF agents.

The search warrant was executed by three ATF agents who were accompanied by one or two officers of the town police department and Deputy Sheriff Carter. Upon entering the Medlin residence the ATF agents identified themselves to Med-lin, his wife and son and told them that they had a federal warrant authorizing the seizure of firearms. Thereafter, the ATF agents searched the Medlin residence and seized approximately 130 firearms. While[*1196] the ATF agents searched for evidence of federal firearms offenses, Deputy Carter combed Medlin’s residence for suspected stolen property which he believed to be evidence of state offenses. By the time the search was concluded Deputy Carter had seized some 667 items of property none of which were identified in the warrant authorizing the search. The ATF agents loaded the seized firearms into a horse trailer that had been provided by the Tulsa County Sheriffs Department at Carter’s behest. When the ATF agents had completed their search they assisted Carter, the town police officers, and another Tulsa County officer who arrived during the execution of the search at Carter’s invitation in loading the additional 667 seized items into the same horse trailer.

Before trial on the federal firearms offenses, Medlin moved to suppress the seized firearms on the basis that the warrant authorizing the search of his residence was invalid. The trial court denied the motion to suppress and we affirmed that decision in Medlin I, holding that the officer’s reliance upon the search warrant was objectively reasonable. However, we there noted that the execution of the warrant, as opposed to the warrant itself, may have been constitutionally defective. We wrote: “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.” 798 F.2d at 411. 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). The trial court did in fact suppress all the evidence seized in the search and this appeal ensued.

The nature of the cooperation between federal and local law enforcement officials in the execution of a federal search warrant is the basic issue in this appeal. The Supreme Court has held that “it is generally left to the discretion of the executing officers to determine the details of how best to proceed with the performance of a search authorized by warrant....” Dalia v. United States, 441 U.S. 238, 257, 99 S.Ct. 1682, 1693, 60 L.Ed.2d 177. The Fifth, Eighth, and Ninth Circuits have held that cooperation between federal and state law enforcement agencies in the execution of a search is not impermissible per se. United States v. Wright, 667 F.2d 793, 797 (9th Cir.); United States v. Evans, 572 F.2d 455, 487 (5th Cir.); United States v. Cox, 462 F.2d 1293, 1306 (8th Cir.). These decisions comport with 18 U.S.C. § 3105, which provides in part that

“[a] search warrant may in all cases be served by any of the officers mentioned in its direction or by an officer authorized by law to serve such warrant, but by no other person, except in aid of the officer on his requiring it, he being present and acting in its execution.”

At the hearing on remand, the testimony established that ATF agents routinely take along local police officers when executing search warrants. Since the local officers are acting “in aid of” the ATF agents in executing the search, such a practice is within the prerogative of ATF agents, has been condoned by the courts, and is permitted by statute. At the hearing, ATF Agent Evans testified as follows:

“Q: And when you are in charge of executing a search warrant and you have deputies from other law enforcement agencies, are they subservient, subject to your orders?
“A: Yes, sir.”

This testimony establishes that the local police officers were acting under federal authority and were subject to federal control when they were present at the search pursuant to the warrant issued to the ATF agents.

18 U.S.C. § 3105 does not require that a person assisting an officer in the execution of a warrant be an officer acting within his or her jurisdiction. Consequently, we find that there was nothing impermissible in Deputy Carter’s presence at the Medlin search. We remain mindful, however, that Deputy Carter was on the Medlin[*1197] premises merely to assist the ATF agents in the execution of their warrant and that his authority to search was derived from, and was no greater than, the authority extended to the ATF agents.

Notwithstanding the fact that Deputy Carter was technically assisting the ATF agents in the execution of the federal search warrant, the Government argues that two independent searches were conducted at the same time of the Medlin residence — one by the ATF agents for their purposes and one by Deputy Carter for his own purposes. While we certainly agree that two very diverse investigations were pursued at the Medlin residence on that day we cannot conclude that there was more than one search. The ATF agents, Deputy Carter and the others gained entry into the Medlin residence under the search warrant authorizing the seizure of the stolen firearms. There is no evidence in the record which indicates that Deputy Carter would have been allowed into the Medlin home if he had not been accompanying ATF agents armed with the warrant or that Medlin had a belief that he could have excluded Deputy Carter from his home if he so chose. Indeed, Medlin could not have denied entry to Deputy Carter since he was aiding in the execution of a search authorized by a federal magistrate. The fact that the ATF agents set to their task of looking for firearms while Deputy Carter undertook a wholly distinct task does not convert a single entry and search into multiple searches.

Moreover, we cannot help but note that the record contains suggestions that the ATF agents participated in Deputy Carter’s activities at the Medlin residence. The ATF agents knew that Carter’s informant had told him that there were firearms and stolen property on the premises. The facts that the transportation of all the seized items was prearranged by Deputy Carter, apparently upon agreement with the ATF agents, and that the ATF agents assisted Deputy Carter in loading the 667 unauthorized items into the horse trailer are troubling in that they show that the ATF agents were, at the very least, passive participants in an unauthorized activity which Deputy Carter had planned when he accompanied the ATF agents on their authorized search for firearms. This record shows that the ATF agents and Deputy Carter were aiding each other in their investigations in the guise of a search authorized by a federal warrant.

Deputy Carter was lawfully on the premises of the Medlin residence when he seized the 667 items of suspected stolen property. What is in issue is the lawfulness of Deputy Carter’s seizure of those items. “A well-settled tenet of Fourth Amendment jurisprudence is that searches conducted without a warrant and probable cause are per se unreasonable, subject only to a few exceptions.” United States v. Gay, 774 F.2d 368, 376 (10th Cir.). Since the 667 items were not seized pursuant to a warrant, they could only have been permissibly seized under one of the narrow exceptions to the Fourth Amendment’s warrant requirement.

The Government contends that the 667 items were seized by Deputy Carter with Medlin’s consent. Whether a consent was “voluntary or was the product of duress or coercion, express or implied, is to be determined by the totality of all the circumstances ... and is a matter which the Government has the burden of proving.” United States v. Mendenhall, 446 U.S. 544, 557, 100 S.Ct. 1870, 1879, 64 L.Ed.2d 497 (citation omitted). In United States v. Recalde, 761 F.2d 1448, 1453 (10th Cir.), we set forth a test as to whether the Government has successfully carried its burden of showing that an alleged consent to search was in fact voluntary:

“First, there must be clear and positive testimony that the consent was unequivocal and specific. Second, the Government must establish that the consent was given without duress or coercion. Finally, we evaluate those first two standards with the traditional indulgence of the courts against a presumption of waiver of constitutional rights.”

The Government argues that the foregoing test is only applicable when property seized pursuant to an asserted consent[*1198] is sought to be introduced as evidence at trial. We disagree. The nature of a Fourth Amendment right is not so limited. An individual’s right to be secure in his or her person and effects is guaranteed by the Fourth Amendment whether or not the fruits of a constitutionally invalid search have evidentiary value in a resulting criminal prosecution. Consequently, whether Medlin consented to the warrantless seizure of the 667 items in derogation of his Fourth Amendment rights is properly gauged by the standard we recognized in Recalde even though the Government claims that it did not plan to introduce the 667 items into evidence in this prosecution.

The consent issue was covered in the hearing by the trial court and it found that no consent had been given. In United States v. Obregon, 748 F.2d 1371, 1376 (10th Cir.), we said: “Upon review of this issue, we must view the evidence in the light most favorable to the district court’s determination.” Based upon the evidence adduced at the hearing, the trial court said that it could not find that “there is clear and positive testimony that the consent to seize items beyond the scope of the warrant was unequivocal and specific.”

The Government’s evidence of Medlin’s consent was that he had told Deputy Carter numerous times, as Deputy Carter examined Medlin’s house for suspected stolen property, “if you think it is stolen, take it.” We will not second-guess the district court which determined, through an evaluation of the testimony of the various witnesses at the hearing, that such a statement was not so unequivocal or specific as to support a waiver of Fourth Amendment rights.

Perhaps more importantly, the trial court found that “the circumstances of the search were inherently coercive.” The facts here presented are similar to those in Bumper v. North Carolina, 391 U.S. 543, 88 S.Ct. 1788, 20 L.Ed.2d 797, where state officers announced to a homeowner that they had a warrant to search her home. However, they did not produce the warrant to the homeowner at the time of the ensuing search or during the course of subsequent litigation in which the evidence seized during the search was sought to be suppressed. The Court held that the homeowner’s statement to the officers to “come on in and go ahead and search” did not constitute a valid consent to search under such circumstances. The Court said:

“When a law enforcement officer claims authority to search a home under a warrant, he announces in effect that the occupant has no right to resist the search. The situation is instinct with coercion — albeit colorably lawful coercion. Where there is coercion there cannot be consent.”

391 U.S. at 550, 88 S.Ct. at 1792.

The circumstances attending Deputy Carter’s search of Medlin’s home were even more coercive than those which obtained in Bumper. Carter, as mentioned, entered the Medlin residence only under the federal warrant. The trial judge noted that the officers had their guns drawn when they gained entry into the residence. As a layperson, under such extreme conditions, Medlin could hardly be expected to distinguish between that part of the search which was authorized by warrant, and for which his consent was unnecessary, and that part of the search which was unauthorized. As noted above, it seems reasonable that Medlin would have believed when faced by federal and state officers with guns drawn that he had no right to resist Deputy Carter’s investigation of state law offenses and the property seizure. Accordingly, we find that the trial court did not err in concluding that the Government failed to carry its burden of proving Med-lin’s consent to the seizure of the 667 items.

We must conclude that Medlin’s Fourth Amendment rights were violated by the seizure and removal of the items of suspected stolen property.

In Medlin I we cited the cases of Waller v. Georgia, 467 U.S. 39, 104 S.Ct. 2210, 81 L.Ed.2d 31, United States v. Crozier, 111 F.2d 1376 (9th Cir.), Marvin v. United States, 732 F.2d 669 (8th Cir.), United States v. Tamura, 694 F.2d 591 (9th Cir.), United States v. Wuagneux, 683 F.2d 1343[*1199] (11th Cir.), United States v. Heldt, 668 F.2d 1238 (D.C. Cir.), and United States v. Rettig, 589 F.2d 418 (9th Cir.), as authority for the proposition that even evidence which is properly seized pursuant to a warrant must be suppressed if the officers executing the warrant exhibit “flagrant disregard” for its terms. Upon our remand the district court found that the warrant issued to the ATF agents in the instant case was executed with flagrant disregard for its terms and suppressed all the evidence seized including the firearms which were particularly named in the warrant.

The basis of those decisions which hold that blanket exclusion is appropriate when a search warrant is executed with “flagrant disregard” for its terms is found in our traditional repugnance to “general searches” which were conducted in the colonies pursuant to writs of assistance. To protect against such invasive and arbitrary searches, the Fourth Amendment mandates that search warrants “particularly describe] the place to be searched and the persons or things to be seized.” As the Supreme Court stated in Marron v. United States, 275 U.S. 192, 196, 48 S.Ct. 74, 76,72 L.Ed. 231:

“The requirement that warrants shall particularly describe the things to be seized makes general searches under them impossible and prevents the seizure of one thing under a warrant describing another. As to what is to be taken, nothing is left to the discretion of the officer executing the warrant.”

When law enforcement officers grossly exceed the scope of a search warrant in seizing property, the particularity requirement is undermined and a valid warrant is transformed into a general warrant thereby requiring suppression of all evidence seized under that warrant.

The Government contends that this case is distinguishable from other cases in which the blanket exclusion rule has been used. The primary distinctions proffered are that in such cases the officers who exceeded the terms of the warrant were the officers to whom the search warrants were issued or that the improperly seized property was expected to be helpful in the prosecution in aid of which the search warrant was issued. We do not see why these distinctions should in any way insulate the Government from the rule of blanket exclusion in flagrant disregard cases, especially in a case like this where the officer who seized property not described in the warrant participated in the search as an assistant to and under the direction of the authorized federal officers.

The Government urges that of those cases which we cited in Medlin I, the rule of blanket exclusion was not expressed in all of them and in some the courts found that the excessive seizures were attributable to “practical considerations” in the execution of the warrants or that the officers attempted to minimize the intrusiveness of their authorized searches, or that the seizure of items not described in the warrant was pursuant to the plain view doctrine.

However, in the instant case, the district court judge found that the seizure of the 667 items was “not mitigated by practical considerations” and that Deputy Carter “employed the execution of the federal search warrant as a ‘fishing expedition.’ ” We cannot say that these factual findings are clearly erroneous. We note as well that the Government has not here relied on plain view.

The Government further argues that the ATF agents acted with objective reasonableness in conducting the search for firearms and therefore there is no deterrent effect to be applied. See United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677. The Government overlooks the fact that the objective reasonableness exception to the exclusionary rule set forth in Leon is available only in those cases in which the officers act objectively reasonable in executing a search warrant which is subsequently found to be invalid. The Court wrote in Leon of the exception that it

“assumes, of course, that the officers properly executed the warrant and searched only those places and for those[*1200] objects that it was reasonable to believe were covered by the warrant.”

468 U.S. at 918 n. 19, 104 S.Ct. at 3418 n. 19. The inquiry on this appeal does not contain an issue relating to the validity of the warrant itself.

Furthermore, as we have noted above, there is no basis for the distinctions which the Government here attempts to develop to create “two searches.” Having chosen Deputy Carter to aid them in the execution of their warrant, and being able to supervise him, the federal officers remain accountable for Carter’s conduct while acting under the authority of the entry and warrant.

The Government finally argues that a blanket exclusion here would have no deterrent effect since there would not have been much the agents could have done to prevent the violation of Medlin’s Fourth Amendment rights. Again, we must disagree. The ATF agents could have decided not to bring Deputy Carter along as an assistant on their search, but having exercised their prerogative to do so the ATF agents could have, and should have, monitored Carter’s activities to ensure that the federal search was not tainted by an unrelated “fishing expedition.” Again, it must be mentioned that the ATF agents assisted Carter in the removal of items he seized from the house and in loading them in the horse trailer. Unfortunately, the ATF agents’ failure to prevent the flagrant disregard for the terms of their search warrant, a failure for which they are accountable, renders all the fruits of the firearms search inadmissible in evidence against Medlin.

We affirm the trial court’s order suppressing the firearms seized in the search of the Medlin residence.

IT IS SO ORDERED.