United States v. Jeffrey Thomas Schmidt, United States of America v. Donald Joseph Schmidt, Jr.

ROSS, Circuit Judge,

concurring and dissenting.

I concur in all of the opinion of Judge Heaney except I believe the “630” warrant was based on a legally sufficient affidavit; and I would uphold the “421” warrant as to both the house and the garage. In my opinion this case imposes an unreasonable and unnecessary burden on law enforcement officials seeking a search warrant.