Taylor v. State of Minnesota

• Decision Date: 18 September 1972
• Docket Number: No. 72-1255.,72-1255.
• Citation: 466 F.2d 1119
• Parties: Robert Muller TAYLOR, Appellant, v. STATE OF MINNESOTA, Appellee.
• Court: U.S. Court of Appeals — Eighth Circuit

466 F.2d 1119 (1972)

Robert Muller TAYLOR, Appellant, v. STATE OF MINNESOTA, Appellee.

No. 72-1255.

United States Court of Appeals, Eighth Circuit.

Submitted September 18, 1972.

Decided September 18, 1972.

John F. Ebner, St. Paul, Minn., filed brief for appellant.

Warren R. Spannaus, Atty. Gen., St. Paul, Minn., George M. Scott, Hennepin County Atty., and Henry W. McCarr, Jr., Asst. County Atty., Chief, Div. of Appeals and Post Conviction Proceedings, Minneapolis, Minn., filed brief for appellee.

Before VAN OOSTERHOUT, Senior Circuit Judge, MEHAFFY, Circuit Judge, and DENNEY,^* District Judge.

PER CURIAM.

Appellant, a Minnesota state prisoner, appeals to this Court from the denial of a writ of habeas corpus by the federal district court, D.C., 342 F.Supp. 911. Appellant was convicted in state court on December 16, 1968, on charges of kidnapping, aggravated assault, aggravated rape, indecent liberties, aggravated robbery, prostitution and coercion. The convictions arose out of the attempts by the Appellant and his wife to force a young woman to become a prostitute. The convictions were affirmed by the Minnesota Supreme Court, State v. Taylor, 187 N.W.2d 129 1971.

The young woman was subjected to various forms of abuse by the Appellant and his wife while at the Appellant's apartment before she was able to escape. Upon information furnished by the victim, a search warrant was issued to local authorities. The warrant listed as items to be seized:

1 set of wedding bands, gold with white gold trim, belonging to complainant (rings soldered together); 1 pair of blue shorts, boys, cut-offs, with zipper in front; 1 white blouse, womens, buttons down front, short sleeves; 1 pair of womens white panties; 1 white pillow case with blood from victim on it; 1 bedsheet with semen from suspect on it; 1 small caliber revolver described as cylinder type, silver with black handle; 3 pictures of complainant in various states of sex acts (oral sodomy, etc.); 1 white envelope legal size with address of complainant; 1 social security card, name of complainant; with number XXX-XX-XXXX; and other materials related to this crime of kidnapping, aggravated assault, sodomy, abduction. State v. Taylor, supra, at 130.

The items taken in the search included:

1 pr white cotton panties

2 white bathtowels

1 white bedsheet

1 letter on 8 ½ × 11 paper

1 Swinger Polaroid Land Camera Mod 20

1 6 shot 22 cal pistol, blk with wht pearl handle ser 121882

6 22 cal short bullets, Super X brand cont within gun cylinder

1 box of Western Super X 22 cal short bullets, approx ¾ full

1 blue 40 watt GE light bulb

1 spent 22 cal cartridge

One of the items seized, which was not described in the search warrant, was a memorandum addressed to "Mom" and signed "daddy," which the prosecution contended contained evidence which would lead one to believe that the crimes charged were committed as reported by the complainant. In substance, this memorandum instructed defendant\'s wife on how to prepare and condition a young woman for service as a member of their stable of prostitutes. This letter or memorandum was received in evidence over objection. State v. Taylor, supra, at 131.

In this appeal, Appellant argues that his Fourth and Fifth Amendment rights were violated by the seizure and introduction into evidence of the incriminatory memorandum described above.

It is the contention of the Appellant that the memorandum was not lawfully seized because it was not one of the items listed on the warrant. The Court does not find merit in this contention. If the warrant itself was not so broad as to constitute a general search, then an item not mentioned in the warrant may be seized if the item is reasonably related to the crime for which the warrant issued. Louie v. United States, 426...