Pieper v. United States

604 F.2d 1131, 16 ERC 2177
Court of Appeals for the Eighth Circuit·Decided August 30, 1979·No. No. 78-1884·Published·Cited by 34 cases

Opinion

HEANEY, Circuit Judge.

This is an appeal from the District Court of the District of Minnesota of the dismissal of motions to quash a search warrant, suppress seized evidence and enjoin further investigatory interviewing by agents of the Environmental Protection Agency (EPA). The sole issue on appeal is whether the District Court erred in refusing to invoke its equitable jurisdiction over the matter. We affirm.

In July of 1978, the EPA received information of a possible pesticide misuse by Bradley Pieper, who does business as the Bradley Exterminating Company. This information indicated that Pieper had applied a registered pesticide for a use “inconsistent with its labeling” in violation of Section 12(a)(2)(G) of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), 7 U.S.C. § 136j(a)(2)(G). Based on this information, Inspector Leis of the EPA went to Pieper’s offices on July 24, 1978, and requested to see the company’s records for the previous two months for the purpose of determining if other instances of misuse were occurring. The appellant offered to show the Inspector his records regarding the incident of which Leis already had knowledge but denied Leis permission to examine other business records.

A week later, on July 31, 1978, Inspector Leis returned with a search warrant obtained from a federal magistrate authorizing him to examine “evidence of mailings, books, records, papers, receipts and documents reflecting suspected illegal applications of pesticides.” The warrant, issued on the basis of Inspector Leis’s affidavit describing the suspected violation of which he had been informed, did not limit the records to be searched.

Upon presenting the warrant, Leis was met with the vigorous protests of the appellant’s wife. She was subsequently arrested by the United States Marshal, who had accompanied Leis to the office. Meanwhile, Leis had proceeded to locate a file drawer containing the company’s customer records, bundled by month, from January of 1977 to July of 1978. He determined to seize all nineteen months’ records and remove them for inspection at the EPA’s facilities.

In reviewing these records, Inspector Leis discovered evidence of over two hundred other possibly illegal applications of pesticides. He retained the documents reflecting this evidence and returned the remainder of the seized documents, along with photocopies of the retained records, to the appellant on August 18, 1978. The Inspector also continued his investigation by interviews of appellant’s past and present customers in which he allegedly made derogatory remarks about Pieper’s methods of doing business.

On September 11, 1978, prior to the initiation of any civil or criminal proceedings against him,1 Pieper filed this action in the [1133]*1133District Court seeking the suppression of the evidence, the return of the seized documents and an injunction prohibiting the EPA from conducting further investigation involving defamatory interviews with his customers. On the basis of submitted affidavits and a hearing, the District Court issued its Memorandum and Order denying Pieper’s requested relief on October 31, 1978.2 This appeal follows.

Pieper’s central contention on appeal is that the District Court abused its discretion by failing to exercise its equitable jurisdiction to quash the search warrant and suppress the evidence obtained under it.

We begin by noting that the District Court’s equitable jurisdiction to suppress illegally obtained evidence before an indictment has been issued has been firmly established. However, the jurisdiction is an extraordinary one and is to be exercised with caution and restraint. Meier v. Keller, 521 F.2d 548, 554 (9th Cir. 1975), cert. denied, 424 U.S. 943, 96 S.Ct. 1410, 47 L.Ed.2d 348 (1976), and Hunsucker v. Phinney, 497 F.2d 29, 32, 34 (5th Cir. 1974), cert. denied, 420 U.S. 927, 95 S.Ct. 1124, 43 L.Ed.2d 397 (1975). As we noted in United States v. Rapp, 539 F.2d 1156, 1160-1161 (8th Cir. 1976):

This independent anomalous jurisdiction extends to federal law enforcement officers who have failed to observe standards for law enforcement established by federal rules governing searches and seizures.
* * * The purposes for which a court may exercise its general equity jurisdiction are twofold: (1) to suppress evidence prior to indictment — to “ * * * reach forward to control the improper preparation of evidence which is to be used in a case coming before it * * *” and (2) to deter unlawful conduct of law enforcement officials through the exclusion of evidence obtained illegally — “* * * by summary procedure restrain .oppressive or unlawful conduct of its own officers.” [Citations and footnotes deleted.]

To effectuate these purposes, the District Court considered three factors in determining whether to invoke its jurisdiction. These factors were (1) whether there had been a clear showing of a search and seizure in callous disregard of the Fourth Amendment, (2) whether the plaintiff would suffer irreparable injury if relief is not granted, and (3) whether the plaintiff is without an adequate remedy at law. These factors were discussed with approval by the Fifth Circuit in Richey v. Smith, 515 F.2d 1239, 1243 (5th Cir. 1975), and Hunsucker v. Phinney, supra.3 We agree that they are appropriate considerations for the District Court and do not understand Pieper to be challenging this aspect of the District Court’s opinion.

What Pieper does challenge is the District Court’s conclusion that the factors weighed did not tip the balance in his favor. More specifically, Pieper contends that the evi[1134]*1134dence was clearly seized in callous disregard of his Fourth Amendment rights in that FIFRA does not authorize the issuance of search warrants for the inspections of the records of pesticide applicators but only for the records of pesticide manufacturers or distributors.4 He further contends that, without statutory authorization, the search warrant can no longer be considered an administrative warrant but must be viewed under the more exacting standards applicable to traditional Fourth Amendment criminal warrants. When so viewed, he contends that the warrant is clearly invalid as being overbroad.

We cannot say that his contentions are without merit. We note that even assuming that FIFRA applies to applicators such as the appellant (a question which we do not here decide), there are still serious problems with this search. When a warrant, be it administrative or criminal, is issued for the inspection of business records on the basis of one suspected violation, the warrant must express, with some degree of particularity, the dates of the records sought.

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