granted in the search warrant they must be suppressed as seized without probable cause. We do not agree.
As an initial matter, Erickson's motion is vague and conclusory. He does not identify with any specificity what items he wants suppressed. Equally deficient, even though he attached the inventory list he does not state which areas he believes were unlawfully searched and why. It is not this court's obligation to advance legal arguments for counsel. However, out of an overabundance of caution, we briefly set forth our reasoning.
First, to the extent Erickson suggests that the seizure of drill bits, numerous weapons, a bag with tools, sunglasses, a rifle muzzle brake and a fake beard exceed the scope of the warrant he is wrong. The express terms of the warrant authorized the agents to search for other guns, a dark colored beard, black sunglasses and auto theft tools. The recovery of these items, identified on the face of the search warrant, does not violate Erickson's Fourth Amendment rights.
Second, the agents seizure of certain items not expressly set forth in the search warrant does not violate Erickson's constitutional rights. In searching Erickson's home for easily concealed items, we agree that it was proper for them to search any area of the home in which the specified property could have been located and to seize any property constituting evidence of criminal activity. See United States v. Cardona-Rivera, 904 F.2d 1149, 1155 (7th Cir. 1990); United States v. Eschweiler, 745 F.2d 435, 439 (7th Cir. 1984), cert. denied, 469 U.S. 1214, 84 L. Ed. 2d 334, 105 S. Ct. 1188 (1985). We find that the federal agents did not exceed the bounds of the warrant by seizing contraband they uncovered in the course of a lawful search. For all these reasons, Erickson's motion to quash search warrant and suppress evidence is denied.
II. GOVERNMENT'S MOTION
In addition to its motion for admission of evidence regarding the shooting of the Palatine police officer, the government filed a motion for reciprocal discovery pursuant to Rule 16(b)(1)(A) of the Federal Rules of Criminal Procedure. In this motion, the government seeks an order compelling defendant to make available for inspection all documents and any reports of examinations and tests which defendant intends to introduce at trial in his case-in-chief. As defendant filed no objections to this request, the government's motion for reciprocal discovery is granted. Defense counsel shall make these documents available for inspection by the government on or before June 29, 1992.
Erickson's motion to serve subpoenas duces tecum is granted. Erickson's motion for production of favorable evidence is granted in part and denied in part as moot. The government shall provide Erickson with Brady and Giglio materials on or before June 29, 1992. Erickson's motion in limine to exclude coconspirator statements is denied as moot. Erickson's motion to produce electronic and mechanical surveillance is granted to the extent that if any documents exist authorizing such surveillance the government is ordered to produce them on or before June 29, 1992. Erickson's motion to disclose "other acts" evidence is denied in part as moot and in part because Erickson is not entitled to the information requested. Erickson's motion to sever counts is denied. Erickson's motion to suppress lineup identifications is denied. Erickson's motion to quash arrest and suppress evidence is denied. Erickson's motion to quash search warrant and to suppress evidence is denied. In addition, the government's motion for admission of evidence regarding the shooting of the Palatine police officer pursuant to Federal Rule of Evidence 404(b) or under the inextricably intertwined standard is denied. Finally, the government's motion for reciprocal discovery is granted. Defense counsel shall make the requested documents available for inspection by the government on or before June 29, 1992.
Date: JUN 23, 1992
JAMES H. ALESIA
United States District Judge