Full opinion text
MEMORANDUM OPINION CHARLES R. RICHEY, District Judge. The fourth amendment of the U. S. Constitution provides: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. U.S.Const. Am. 4. This amendment was intended to prevent searches under unchecked general authority, such as those that had resulted from the use of the general warrant in England and the writs of assistance in the Colonies, and to ensure the “privacies of life”. Boyd v. United States, 116 U.S. 616, 630, 6 S.Ct. 524, 29 L.Ed. 746 (1886). See Stanford v. Texas, 379 U.S. 476, 481-85, 85 S.Ct. 506, 13 L.Ed.2d 431 (1965); Frank v. Maryland, 359 U.S. 360, 363-65, 79 S.Ct. 804, 3 L.Ed.2d 877 (1959). The exclusionary rule is a judicially created means of effectuating fourth amendment rights. Stone v. Powell, 428 U.S. 465, 482, 96 S.Ct. 3037, 49 L.Ed.2d 1067 (1976). In Weeks v. United States, 232 U.S. 383, 34 S.Ct. 341, 58 L.Ed. 652 (1914), the Supreme Court held that a defendant could petition prior to trial for the return of illegally' seized evidence, and in Gouled v. United States, 255 U.S. 298, 41 S.Ct. 261, 65 L.Ed. 647 (1921), the Court held that such evidence could not be introduced in a federal prosecution. Although the exclusion of probative reliable evidence denigrates the public interest in the determination of the truth at trial, the exclusionary rule has evolved as one deterrent to police misconduct. Stone v. Powell, 428 U.S. 465, 487-88, 96 S.Ct. 3037, 49 L.Ed.2d 1067 (1976). Before the Court at this time are the motions of the defendants to suppress evidence. Finding no illegality in the actions of the government agents who executed the warrants at issue, the Court will deny the motions, and order the defendants to proceed to trial to be “acquitted or convicted on the basis of all the evidence which exposes the truth.” Alderman v. United States, 394 U.S. 165, 175, 89 S.Ct. 961, 967, 22 L.Ed.2d 176 (1969). I. PROCEDURAL HISTORY On July 8, 1977, three search warrants were simultaneously executed on premises owned and operated by the Church of Scientology: 2125 S Street, N. W., Washington, D. C.; 5930 West Franklin Avenue, Hollywood, California [the Fifield Manor]; and 4833 Fountain Avenue, Hollywood, California [the Cedars-Sinai Complex]. Immediately following the execution of the warrants, the Church filed two separate actions in Los Angeles and the District of Columbia seeking the return and suppression of property pursuant to Rule 41(e) of the Federal Rules of Criminal Procedure. On July 27, 1977, Chief Judge Bryant of this Court ruled that the warrant executed in the District of Columbia was invalid on its face. In re: Search Warrant Dated July 4, 1977, 436 F.Supp. 689 (D.D.C.1977). On December 1, 1977, the United States Court of Appeals for the District of Columbia Circuit reversed Judge Bryant’s decision and upheld the validity of the District of Columbia search warrant. In re: Search Warrant Dated July 4, 1977, 187 U.S.App.D.C. 297, 572 F.2d 321 (D.C.Cir. 1977), cert. denied, Founding Church of Scientology v. U. S., 435 U.S. 925, 98 S.Ct. 1491, 55 L.Ed.2d 519 (1978). In separate Memorandum Opinions of April 4, 1978, and July 5, 1978, Judge Lucas upheld the execution of the warrants in California on all grounds. Church of Scientology v. United States, No. CV-77-2565-MML (C.D.Cal. April 4, 1978); Church of Scientology v. United States, No. CV-77—2565-MML (C.D.Cal. July 5, 1978). On February 22, 1979, the Ninth Circuit Court of Appeals dismissed the Church’s appeal of Judge Lucas’ decision on the ground that the judgment was interlocutory and unappealable. Church of Scientology v. United States, 591 F.2d 533 (9th Cir. 1979). Meanwhile, on August 15, 1978, eleven individuals were indicted by a federal Grand Jury. It is these individuals, about to go on trial, who are before this Court seeking to suppress the evidence seized on July 8, 1977. The suppression hearing began on July 3, 1979, with this Judge taking testimony in Los Angeles, California, and ended, following a view of the premises and several weeks of proceedings in Washington, D. C., on August 29, 1979. Five days prior to the completion of the hearing on the defendants’ motions to suppress, Chief Judge Bryant issued an eleven-page Memorandum and Order holding that the search conducted in Washington, D. C. violated the fourth amendment. In re: Search Warrant Dated July 4, 1977, Misc. No. 77-0151 (D.D.C. August 24, 1979). It has been the government’s position throughout the litigation before this Court, that none of the documents seized at the District of Columbia location were shown to the Grand Jury which indicted the defendants, and that none would be used at the trial in this case. Thus, the propriety of the District of Columbia search is not an issue before this Court. Accordingly, before this Court is the motion, filed by the nine individuals about to go on trial, to suppress the evidence seized on July 8, 1977, from the two Church of Scientology premises in Los Angeles, California. The defendants have raised six broad grounds in support of their motion to suppress: 1. The warrant was unconstitutional on its face because it is not supported by probable cause, was based upon stale information, did not particularly describe the place to be searched and the items to be seized, and was a general warrant; 2. The search was illegal because the affidavit which was necessary to uphold the legality of the warrant was not attached to the warrant at the time it was executed; 3. The agents conducted a general, exploratory search, in violation of the terms of the warrant and of the first and fourth amendments; 4. The agents seized documents beyond the scope of the warrant; 5. The agents used excessive force in their searches in violation of 18 U.S.C. § 3109; and, 6. The warrant was obtained and executed by the government in a manner which violated defendants’ right to process of law. The government has convincingly undermined the persuasiveness of the defendants’ arguments on three broad grounds. First, the government contends that the standing of the defendants to seek the suppression of evidence seized from the premises of the Church is severely limited. Second, the government points to the decision of the U. S. Court of Appeals for the District of Columbia upholding the facial validity of the search warrant, In re: Search Warrant Dated July 4, 1977, supra, and the decisions of Judge Lucas upholding its execution in Los Angeles. Church of Scientology v. United States, supra. Finally, the government seeks to narrow the inquiry to the documents the government intends to introduce into evidence as part of its case-in-chief, which the defendants virtually concede were properly seized. The Court will begin its inquiry with an analysis of the defendants’ right to challenge the search of the Church’s premises. II. THE DEFENDANTS’ FOURTH AMENDMENT RIGHTS ARE LIMITED TO THEIR OWN OFFICES. Traditionally, it was necessary for a defendant to demonstrate “standing” before he or she could challenge the validity of a search. See Jones v. United States, 362 U.S. 257, 80 S.Ct. 725, 4 L.Ed.2d 697 (1960). In Rakas v. Illinois, 439 U.S. 128, 99 S.Ct. 421, 58 L.Ed.2d 387 (1978), the Supreme Court subsumed the traditional standing inquiry under substantive fourth amendment doctrine. Id. 99 S.Ct. at 428. Thus, defendants can have illegally seized evidence suppressed if their fourth amendment rights have been infringed. Id. In the prior proceedings at which the searches were challenged, the searches plainly involved the plaintiff’s fourth amendment rights: the Church of Scientology was the owner and operator of the premises and the party challenging the searches. In the proceedings before the Court, the parties challenging the searches are individuals. Each individual defendant in a criminal case must demonstrate that his or her fourth amendment rights are involved in order to suppress evidence. In Alderman v. United States, 394 U.S. 165, 89 S.Ct. 961, 22 L.Ed.2d 176 (1969), the Supreme Court noted that: The established principle is that suppression of the product of a Fourth Amendment violation can be successfully urged only by those whose rights were violated by the search itself, not by those aggrieved solely by the introduction of damaging evidence. Coconspirators and codefendants have been accorded no special standing. Id. at 171-72, 89 S.Ct. at 965. An individual’s fourth amendment rights are involved if he or she has “a legitimate expectation of privacy in the invaded place.” Rakas v. Illinois, supra, 99 S.Ct. at 430. It has been recognized that such a test does not provide a “bright line” between cases, but instead, each case must be determined on the facts and circumstances presented. Id. at 435 (Powell, J., concurring). Accordingly, with respect to each defendant, the Court must make a determination, on the facts and circumstances presented by that defendant, whether they had a legitimate expectation of privacy in the area from which evidence was seized. In the Fifield Manor, evidence was seized from the offices of the defendants Duke Snider and Henning Heldt. In the Cedars-Sinai Complex, the only defendants’ offices from which evidence was seized were those of Cindy Raymond and Greg Willardson. The government concedes that Heldt, Snider, Raymond, and Willardson have standing to suppress evidence seized from their own offices. The defendants contend that every defendant has a legitimate expectation of privacy with respect to both premises in their entirety. In support of this claim, the defendants rely on three independent sources. First, the defendants argue that the places from which the documents were seized were secure offices with limited access. Second, the defendants contend that the documents were purportedly either authored or received by the defendants. Third, the defendants claim that they have an expectation of privacy in the exercise of their first amendment right to association and free exercise of religion. The Court finds that there is a legitimate expectation of privacy with respect to one’s own office. In Mancusi v. De Forte, 392 U.S. 364, 88 S.Ct. 2120, 20 L.Ed.2d 1154 (1968), union records were seized from an office shared by the defendant and several other union officials. Id. at 365, 88 S.Ct. 2120. The parties in Mancusi stipulated that the defendant spent a considerable amount of time in the office, and that he had custody of the papers at the moment of the seizure. Id. at 368-69, 88 S.Ct. 2120. Accordingly, if documents were illegally seized from an office of one of the defendants, that defendant could prevent the introduction of that evidence to prove his or her guilt. Another of the defendants has attempted to fit within the rule of the Mancusi case. The defendant Mary Sue Hubbard has sought to suppress evidence seized from the office of Janet Lawrence because Hubbard is Lawrence’s supervisor. The evidence before the Court shows that Hubbard did not even have a key to this office, trans. of August 29, 1979, at 329, and there is no evidence that she ever set foot in it. Accordingly, the Court finds that the defendant Hubbard has no legitimate expectation of privacy in documents located in the office of her assistant. The defendants’ second ground is completely unconvincing. According to the defendants, merely because they purportedly authored or were to receive certain letters, they have a legitimate expectation of privacy with respect to the contents of such letters. First, the defendants cannot rely on the government’s “purported” allegations or the indictment, but have the burden of asserting a property or possessory interest in the seized property. Rakas v. Illinois, 99 S.Ct. 421, 423 n.1 (1978). Having failed to do so, they have failed to meet their burden. Second, even assuming the defendants had established that they received the letters would not decide the issue. The legitimate expectations of privacy of a party who has received letters is obviously affected by what happens to the letters after their arrival. If the letters are kept in the office of the addressee, the addressee would have standing under the rule of the Mancusi case. However, if the letters are forwarded to a central filing system, and access to such system is available to numerous third parties, the expectations of privacy would be seriously undermined. Finally, the Court is unable to understand how sending letters to a third party would form a basis for a legitimate expectation of privacy áfter their delivery. The reasonableness of one’s privacy expectations would certainly be undermined by the act of relinquishing control. See United States v. Miller, 425 U.S. 435, 96 S.Ct. 1619, 48 L.Ed.2d 71 (1976). The defendants’ final contention is the vague and general argument that they had an expectation of privacy in the exercise of their first amendment right to association and free exercise of religion. In effect, the defendants seek to raise the rights of third parties simply because they share membership in a religious organization. In Rakas, the Supreme Court explicitly and emphatically declared that fourth amendment rights are personal and cannot be raised vicariously. See Rakas v. Illinois, 99 S.Ct. 421, 425 (1978). Mere membership in a religious organization would not result in the “[legitimation of expectations of privacy ... by reference to concepts of real or personal property law or to understandings that are recognized and permitted by society.” Id. at 430 n.12. For example, there is no evidence that the defendant Wolfe ever set foot in any of the Church’s offices in California, and no evidence that he was even aware of the existence of the documents seized on July 8, 1977. The Court is unable to fathom how he could have any expectation of privacy with respect to documents and premises merely because of his membership in the Church. Being an official of the Church would not alter this analysis. The defendants seek a significant broadening of the right to suppress evidence. This attempt must be rejected. The Court is unconvinced that such an enlargement in the class of those who can invoke the exclusionary rule would benefit the effectuation of fourth amendment goals. See Rakas v. Illinois, 99 S.Ct. 421, 427 (1978). Accordingly, only the defendants Heldt, Snider, Willardson, and Raymond have fourth amendment rights touched by the searches of July 8, 1977, and their rights are limited to evidence seized from their offices which is being introduced against them. III. THE WARRANTS ARE FACIALLY VALID. Each warrant at issue in this case included a description of the premises, a description of property to be seized with 162 items, a source of documents indicating the source of the first 147 items to be seized, and an affidavit in support of the search warrant. The defendants contend that the information relied on by the affiant is unreliable, and the warrants were not supported by probable cause, do not particularly describe the places or things to be seized, and are based on stale information. Each of the warrants executed on July 8, 1977, was supported by the same thirty-five page affidavit in support of the search warrant. The affidavits are identical except that typographical errors in the District of Columbia affidavit were corrected in the Los Angeles affidavits, and two additional footnotes were added to the two Los Angeles affidavits. The Court’s analysis of the defendants’ challenge to the Los Angeles warrants is greatly aided by the decision of the United States Court of Appeals for the District of Columbia Circuit, which reversed Chief Judge Bryant’s earlier ruling and upheld the facial validity of the D. C. warrant. In re Search Warrant Dated July 4, 1977, 187 U.S.App.D.C. 297, 572 F.2d 321 (D.C.Cir.1977), cert. denied, 435 U.S. 925, 98 S.Ct. 1491, 55 L.Ed.2d 519 (1978). Of course, such a ruling is controlling precedent. The affidavit in support of the search warrants details the series of events which led up to the request by the government to search the premises of the Church of Scientology. The following are allegations made in the affidavit: Michael Meisner and Gerald Wolfe were caught in areas off-limits to the public in the United States Courthouse in the District of Columbia in the spring of 1976. Affidavit in Support of Search Warrant [Aff.] at 15. Both gave phoney names and presented fraudulent Internal Revenue Service [IRS] identification. Id. Wolfe pleaded guilty to the false use of a government seal, 18 U.S.C. § 1017, and a warrant was issued for Meisner’s arrest. Id. at 1-2. On June 20, 1977, an Assistant United States Attorney received a telephone call and an offer to cooperate from Michael Meisner. Id. at 2. Meisner was interrogated in the presence of the affiant over a two-week period at which he described numerous criminal acts committed by himself and others on behalf of the Church of Scientology. Id. At seventeen places in the affidavit, the information provided by Meisner was independently verified by the government. Id. 2 n.1, 3 n.2, 5 n.4, 6 n.6, 7 n.7, 9 n.10, 11 n.11, 13 n.12 & 13, 14 n.14 & 15, 16 n.16, 19 n.17, 20 n.18, 27 n.21. Meisner was a high official of the Guardian’s Office, the office in the Church responsible for the “protection” of Scientology. Id. at 3-4. One of the five Bureaus of the Guardian’s Office was the Information Bureau which was responsible for illegal operations to acquire government documents critical of Scientology, covert operations to discredit and remove from positions of power all persons whom the Church considers to be its enemies, and internal security within the Church. Id. at 3. Meisner was Assistant Guardian for Information for the District of Columbia, id. at 4, and later National Secretary in Los Angeles, id. at 21, and as such had access to the most sensitive Church documents, including those kept in the Church’s Los Angeles offices. Id. at 4. No immunity was offered Meisner for his testimony. Id. at 21 n.20. The affidavit goes on to detail the conspiracies to steal government property and to obstruct justice. Beginning in early 1974, Guardian World Wide Jane Kember issued Guardian Order [GO] 1361, which called for an all-out attack on the IRS including infiltration of the offices of the IRS by agents of the Church. Id. at 4-5. Cindy Raymond, a member of the staff of the Deputy Guardian for Information, Mitchell Hermann, who was then responsible for covert activities in the District of Columbia, and Meisner recruited Gerald Wolfe for the purpose of infiltrating the IRS. Id. at 5. However, their plans were thwarted by Wolfe’s inability to obtain all of the documents desired by his superiors. Id. at 5. In order to complete their plans covert entries were made by Meisner, Hermann, or Wolfe into IRS and Justice Department buildings on numerous occasions. Id. at 5-7. Furthermore, an electronic listening device was placed in an office which was used for high-level IRS meetings. Id. at 5 n.4. In December, 1975, Cindy Raymond developed a “program” calling for covert operations designed to obtain Interpol documents regarding the Church of Scientology contained in files held by government agencies. Id. at 7-8. This program was developed in response to the general directive contained in GO 1634 which sought to obtain all documents that were not disclosed pursuant to the Freedom of Information Act, 5 U.S.C. § 552. Id. at 8. According to this program agents were to be placed in government offices, and thefts were to be made. Id. Pursuant to these programs and orders, offices of the Department of Justice, the United States Attorney for the District of Columbia, and the IRS were entered on numerous occasions by Wolfe and Meisner. Id. at 5-9. Furthermore, Sharon Thomas, a member of the Church, was placed in a secretarial position within the Justice Department in order to assist in these thefts. Id. at 8-9. When documents were obtained from certain of these incursions, Meisner sent copies to the Los Angeles Guardian’s Office where copies were distributed to Guardian’s Office officials, including Henning Heldt, and Richard Weigand. Id. at 6. These were marked “Confidential GO 1361 Material”. Id. Other documents obtained illegally were sent by Meisner or Hermann to their superiors with cover memos explaining their contents signed “Mike” or “Mitch”. Id. at 12, 22. After Meisner and Wolfe were confronted in the Courthouse, the obstruction-of-justice conspiracy began. Id. at 15. Plans were made to limit the government’s inquiry into the entry. Id. at 16-17. Included in this cover-up plan was the concoction of a false story Wolfe would present to the grand jury. Id. at 19-20. Eventually, Meisner became dissatisfied with his treatment at the hands of the Church officials, escaped from the guard placed on him by the Church, and agreed to cooperate in the ongoing government investigation. Id. at 21. Meisner also provided the affiant with detailed information on the filing system of the Church. Id. at 22. The primary depository for documents was the Information Bureau in Los Angeles. Id. Documents obtained through legitimate channels were marked “FOI” and those obtained through burglary or theft were marked “Non-FOI”. Nowhere in the affidavit does it state, or even suggest, that these filing cabinets were the only places where documents named in the warrant could be found. The files and their locations are described in some detail. Id. at 23-24. The Information Bureau documents were divided into six file systems. Id. at 23. The main Information Bureau files were made up of two file systems — individual and group — totaling 250 file cabinets. Id. The government special bank contained government documents, the majority of which were “Non-FOI” in ten filing cabinets of four or five drawers each. Id. The individual, group and government special bank files were located in the Information Bureau’s Offices in Cedars. Id. at 28. The program files were located in the Heldt suite! Id. at 30. The operations files were kept in the offices of the National Operations Officer, id. at 23, which was in Cedars. Id. at 29. The confidential file of the Deputy Guardian for Information (U.S.) was kept in the safe and a file cabinet in the office of the Deputy Guardian for Information, Greg Willardson, at Cedars. Id. at 24. A. The Warrants Are Supported By Probable Cause. The defendants’ first contention is that the warrants lack probable cause because the informant was unreliable. Meisner gave information in direct conflict with his penal interest, without any promises by the government, and his information was independently corroborated in numerous respects. As a former official of the Church, Meisner had direct knowledge of the operations of the Information Bureau and the location of its offices and files. The affidavit showed that the information was sufficiently reliable. The defendants’ second contention is that the 162 items in the “Description of Property”, which is attached to the warrants, are not supported by probable cause. Items 1-99 are described in the source of documents as those taken from the office of an Assistant United States Attorney in Washington, D. C., and a footnote to the affidavit indicates that Meisner reviewed this Assistant’s files and identified the documents in items 1-99 as those taken. Id. at 13 n.*. The affidavit further states that Meisner sent copies of these documents to his superiors in Los Angeles. Id. at 12. Items 100-148 are documents taken by Sharon Thomas from the office of a Department of Justice attorney and were identified as such by Meisner. Id. at 9 n.10. Furthermore, the affidavit indicates that copies were sent by Meisner to his superiors in Los Angeles. Id. at 6. Items 149 — 151 concern synopses of Wolfe’s grand jury testimony, notes by Weigand relating to the Wolfe and Meisner illegal entry into the Courthouse, and reports by Meisner about their entry. The affidavit indicates that these materials were prepared in order to cover up the Church’s role in the break-in, and were delivered to Weigand, who took them to Heldt. Id. at 17. Item 152 called for the seizure of Guardian Order 1361 which called for the infiltration of the IRS by agents of the Church, and the affidavit indicated that such Guardian Order could be located in the Information Bureau’s files. Id. at 4. Item 158 is all documents of the IRS which relate to the Church marked “Confidential GO 1361 Material.” The affidavit made clear that such material was obtained as a result of the burglaries of the IRS offices, and was sent to and seen at the Information Bureau in Los Angeles. Id. at 6. Items 153 and 154 concern Guardian Order 1634 and all Guardian Orders issued pursuant to Guardian Order 1634 which would be identified as Guardian Order 1634-(number). The affidavit indicates that these orders related to the obtaining of government documents which the government refused to release under the FOIA. Id. at 7-8. Items 155 and 156 called for the seizure of all Guardian Orders identified as “Snow White” and those issued pursuant to “Snow White,” which would be identified by the mention of “Snow White.” The affidavit indicates that this program was directed against the government. Id. at 24. Furthermore, the Court of Appeals expressly found probable cause for the seizure of such items. In re: Search Warrant Dated July 4, 1977, supra 187 U.S.App.D.C. at 303, 572 F.2d at 327. Item 157 is all documents in the Operations files concerning Robert Snyder. The affidavit indicates that illegal operations were directed against this individual who is identified as a newscaster critical of the Church. Aff. at 10. Items 159 and 160 call for the seizure of all documents attached to a memorandum from Hermann or Meisner signed “Mitch” or “Mike.” The affidavit establishes that such memoranda were sent to officials of the Guardians Office with stolen government documents attached. Id. at 9, 12. Item 161 concerns all documents marked Non-FOI. The affidavit indicates that such documents are the result of burglary and theft. Id. at 22. Finally, item 162 calls for the seizure of “any and all fruits, instrumentalities, and evidence (at this time unknown) of the crimes of conspiracy, obstruction of justice and theft of government property in violation of 18 U.S.Code §§ 371, 1503 and 641 which facts recited in the accompanying affidavit make out.” The Court of Appeals expressly upheld the validity of this clause under the authority of Andresen v. Maryland, 427 U.S. 463, 96 S.Ct. 2737, 49 L.Ed.2d 627 (1976). In re: Search Warrant Dated July 4, 1977, supra 187 U.S.App.D.C. at 303-304, 572 F.2d at 327-28. The defendants also contend that the warrants lacked probable cause because the information in the affidavit was stale. With respect to both Los Angeles locations, the affidavit indicates that Meisner was a trusted member of the Information Bureau; that he was told by other Information Bureau officials where files were located; that such documents were kept as a part of the Church’s desire to maintain a permanent history for the Church; that such documents were essential to the operations'of the Information Bureau; and that he personally watched many Information Bureau officials locate and retrieve files. Meisner confirmed his information merely twenty-eight days before the search warrants were approved by the magistrate. Aff. at 28-29. Plainly, the information was not stale. Moreover, where documents are concerned, the doctrine of staleness has a limited role. Unlike consumable or disposable items it is reasonable to expect that documents will be maintained. See Andresen v. Maryland, 427 U.S. 463, 478-79, 96 S.Ct. 2737, 49 L.Ed.2d 627 (1976). Finally, the defendants contend that the warrant failed to indicate where documents were to be seized. The warrant for the Cedars-Sinai Complex specified the Information Bureau where most of the files and offices were located. The warrant for Fifield Manor specified the sixth-floor suite of Henning Heldt where copies of the program files were located and numerous documents were sent. Aff. at 7 n.7, 17, 18, 29-30. Furthermore, both warrants gave general directions as to where the offices would be located based on information from the informant. Accordingly, the Court finds that the government submitted to the magistrate extremely detailed and elaborate support for the search warrants in this case, and such support was sufficient as a matter of law. IV. THE AFFIDAVIT WAS AVAILABLE TO THE SEARCHING AGENTS AND TO OFFICIALS OF THE CHURCH. The defendants contend that the searches were invalid because the affidavit in support of the warrant was “unavailable for guidance for the executing agents . ” Motion to Suppress at 57 (January 15, 1979). The defendants’ contention is unsupported by the evidence. No less than fourteen witnesses before the Court directly disputed the defendants’ claim. Affidavits were available for the searching agents. The defendants also contend that the searches were illegal because the Church officials were served with only the warrant and not the affidavit. Evidence at the hearing indicated that Church representatives were told that the Magistrate had placed the affidavit under seal. Trans, of July 9, 1979 at 217 (testimony of Barry Weissman). Furthermore, representatives of the Church obtained copies of the affidavit at the Courthouse by 10 A.M. on the morning of the search. Trans, of July 11, 1979 at 214 (testimony of Luther Shaffer). Moreover, failure to serve even the warrant is merely a ministerial violation of Rule 41(d) of the Federal Rules of Criminal Procedure and would not render the search fatally defective. See United States v. Klapholz, 17 F.R.D. 18 (D.C.N.Y.1955), aff’d, 230 F.2d 494 (2d Cir. 1956), cert. denied, 351 U.S. 924, 76 S.Ct. 781, 100 L.Ed. 1454 (1956). Accordingly, the searches are not in violation of law on the ground that the affidavit was not served along with the warrant. V. THE AGENTS DID NOT USE EXCESSIVE FORCE IN THE COURSE OF THE SEARCHES. Section 3109 of 18 U.S.C. provides: The officer may break open any outer or inner door or window of a house, or any part of a house, or anything therein, to execute a search warrant, if, after notice of his authority and purpose, he is refused admittance or when necessary to liberate himself or a person aiding him in the execution of the warrant. A. The Cedars-Sinai Complex. At the Cedars-Sinai Complex FBI agents appeared at the main gate at 6:00 A.M. and the yard was empty. Trans, of August 23, 1979 at 164. The agents rang the buzzer and the night caretaker came outside. Id. The agent in charge announced that it was the FBI and they had a warrant to serve. Id. The caretaker hesitated and the FBI cut the bolt. Id. The agents proceeded inside to the double doors to what ultimately proved to be the Information Bureau which was locked. Id. at 166. The buzzer to those doors was pressed and a man from inside opened those doors. Id. For the néxt two hours, the agents tried in vain to have keys supplied to the inner offices. Trans, of July 10, 1979 at 57-62 (testimony of Patricia MacDonald). Initially, a deadline of 7:00 A.M. was set. This deadline was extended to 8:00 A.M. before the forcible entry into the Information Bureau was made. Id. at 37, 57-62; Trans, of August 27, 1979 at 235-37. In the Action Bureau, Church representatives were given until 7:00 A.M. to obtain keys, and all but one door was opened with keys provided by a Church member. Trans, of August 27, 1979 at 93-94. Finally, in the basement, the agents waited until 8:00 A.M. for keys and then snapped about eight padlocks. Trans, of August 27, 1979 at 104. B. The Fifield Manor. Meanwhile at the Manor, the agents arrived at 6:00 A.M., entered the lobby area, identified themselves, and announced their purpose. Trans, of July 20, 1979 at 6002-03. Trans, of July 5, 1979 at 228-29 (testimony of Peter Mead). The agents took the elevator directly to the sixth floor and were confronted by “accordion bars” preventing their exit into the sixth floor. Trans, of July 20, 1979 at 6004. The agents announced their presence, tried to open the gate, and waited one minute and fifteen seconds before cutting the padlock. Id. at 6004-05. About six minutes from the time of entry, after an attempt to obtain keys failed, the outer door to the office of Henning Heldt was forcibly opened. Id. at 6006-07; Trans, of July 6,1979 at 62 (testimony of Christopher Ward). From about the time of their entry to the sixth floor, an alarm was sounding. Trans, of July 6,1979 at 61 (testimony of Christopher Ward). The refusal of admittance required by section 3109 need not be explicit. United States v. Allende, 486 F.2d 1351, 1353 (9th Cir.), cert. denied, 416 U.S. 958, 94 S.Ct. 1973, 40 L.Ed.2d 308 (1973). There is no set time an agent must wait for a response, but such time must depend on the circumstances of the case. United States v. Phelps, 490 F.2d 644, 647 (9th Cir.), cert. denied, 419 U.S. 836, 95 S.Ct. 64, 42 L.Ed.2d 63 (1974); United States v. Allende, supra at 1353. The nature of an exigency is one circumstance which is to be considered in determining compliance with the statute. United States v. Agrusa, 541 F.2d 690, 701 (8th Cir.) cert. denied, 429 U.S. 1045, 97 S.Ct. 751, 50 L.Ed.2d 759 (1976). Where sounds indicating the possible destruction of evidence are heard, the statute need not be complied with. United States v. Guidry, 534 F.2d 1220, 1223 (6th Cir. 1976); United States v. Manning, 448 F.2d 992, 1001-02 (2d Cir.), (en banc), cert. denied, 404 U.S. 995, 92 S.Ct. 541, 30 L.Ed.2d 548 (1971). Essentially the test, under both the statute and the fourth amendment, is one of reasonableness — as to both the entry itself and the scope of the force exercised in order to complete that entry. See United States v. Murrie, 534 F.2d 695, 698 (6th Cir. 1976); United States v. Fernandez, 430 F.Supp. 794, 800 (N.D.Cal.1976). Applying the law to the facts of this case, the Court finds that the agents complied with the requirements of section 3109. In the Cedars-Sinai Complex, the front gate bolt was not clipped until the night caretaker hesitated in his progress towards opening the gate. Based upon the nature of the charges in the warrant and affidavit and the sophistication of the organization shown in these same documents, it was reasonable for the agents to fear that an alarm could have been or was about to be set off which would trigger the destruction of evidence. After the initial entry, the agents illustrated remarkable patience, as all of the other locks and doors in the Cedars-Sinai Complex remained intact for at least an hour. Forcible entry was not made until Church representatives refused to permit entry. In the Fifield Manor, the time prior to entry was considerably less. However, the agents had more concrete evidence that a system signaling the destruction of evidence may have been activated: an alarm sounded upon their entry to the sixth floor. Under such exigent circumstances, even silence can be taken as a refusal to permit entry. In this case, however, there was more. The representatives on the scene had already indicated to the agents that they did not have keys. Therefore, the explicit requirements of the statute were met. Under the circumstances of this case, their actions were entirely reasonable. The Court finds that the' agents used reasonable force in opening doors and locks. Minimization was attempted: the use of electric drills was attempted instead of sledgehammers, but the drill bits snapped. Trans, of August 23, 1979 at 37, 53. The Court finds that the agents conducting the searches in California complied with section 3109 and the fourth amendment. The behavior of the agents was eminently reasonable with respect to the timing and scope of their forcible entries — including outside doors, inside doors, filing cabinets, and desks. No excessive damage was inflicted. VI. CHURCH PERSONNEL WERE ALLOWED TO OBSERVE THE SEARCH. Rule 41(d) of the Federal Rules of Criminal Procedure requires that an inventory of the seized property be made in the presence of applicant for the warrant and the person from whose possession or premises the property was taken, if they are present, or in the presence of at least one credible person. At the Fifield Manor location, representatives of the Church were allowed to observe the agents searching and making the inventory. Trans, of July 6, 1979 at 323-24 (testimony of Craig Jenson); Trans, of July 7, 1979 at 196, 202, 204-08, 224-26 (testimony of Norman Taylor). In the Cedars-Sinai Complex, representatives of the Church were allowed to move freely throughout the complex prior to 9:00 A.M. Trans, of July 13,1979 at 119 (testimony of Heber Jentzsch); Trans, of July 12, 1979 at 23 (testimony of Janet Miller); Trans, of July 12, 1979 at 157/B (testimony of David Butterworth). In the Information Bureau, from 9:00 A.M. until the afternoon representatives were excluded. Trans, of July 11, 1979 at 203 (testimony of Luther Shaffer). This exclusion was made because a group of about 10-20 members of the Church entered the Information Bureau prior to 9:00 A.M. with brooms and mops endangering the safety of the agents and interfering with the performance of their duties. See Trans, of July 12, 1979 at 159, 161, 168 (testimony of David Butterworth); Trans, of August 27, 1979 at 233-34. In the afternoon, tours through the Information Bureau for Church representatives were conducted by the agents about every half hour. Trans, of July 9, 1979 at 240 — 41 (testimony of Barry Weissman); Trans, of July 11, 1979 at 202-03, 221 (testimony of Luther Shaffer). Accordingly the Court finds that the government fully complied with Rule 41(d). Moreover, it is interesting to note that failure even to complete an inventory is merely a ministerial violation which does not affect the validity of the search. Reisgo v. United States, 285 F. 740, 741 (5th Cir. 1923). See Nordelli v. United States, 24 F.2d 665, 667 (9th Cir. 1928); United States v. Hooper, 320 F.Supp. 507, 509-10 (E.D.Tenn.1969), aff’d, 438 F.2d 968 (5th Cir.) cert. denied, 400 U.S. 929, 91 S.Ct. 189, 27 L.Ed.2d 190 (1970). VII. THE SCOPE OF THE SEARCHES WERE REASONABLE AND NOT GENERAL. To a significant extent, the defendants’ posture in this case is twisted. The government has indicated it will seek to introduce into evidence at the trial of this case 201 documents seized at the searches in California. The defendants have made no attempt to directly challenge the legality of the seizure of these case-in-chief documents. In fact, they have introduced exhibits which illustrate their opinion that 95% of the casein-chief documents were described in the warrant, and thus properly seized. See Submission of List of Case-In-Chief Documents with Gennet Classification and United States Response to that Classification (August 15, 1979). Moreover, they contend that it is the Court’s duty to examine each and every document seized during the searches to determine the validity of its seizure, while indicating their belief that it would be error for the Court to look at the case-in-chief documents prior to trial. Compare Trans, of August 29, 1979 at 406, with, Motion for Return of Government’s Indexed Case-in-Chief Documents (September 4, 1979) and Motion to Strike Appendix to Government’s Analysis of Case-in-Chief Documents Compared to Ginnet Evaluation (September 4, 1979). Thus, it is the defendants’ somewhat bizarre “theory of the case,” that the Court is to decide whether the government can introduce the 201 casein-chief documents at trial be examining everything seized during the search except the 201 case-in-chief documents. In the usual case, the defendant directly challenges the validity of the seizure of the evidence which the government seeks to introduce at trial. Most defendants proceed in this manner because seizures are separable. Each item the government seeks to introduce into evidence is examined separately; those seized improperly are suppressed, while those seized properly are not suppressed. Merely because some evidence is seized beyond the scope of the warrant does not taint that evidence which has been properly seized. See e. g., United States v. Castle, 213 F.Supp. 56 (D.D.C.1962), aff’d, 347 F.2d 492 (1964), cert. denied, 381 U.S. 929, 953, 85 S.Ct. 1568, 1811, 14 L.Ed.2d 687, 726 (1965); Brooks v. United States, 416 F.2d 1044, 1049-50 (5th Cir. 1969), cert. denied, 400 U.S. 840, 91 S.Ct. 81, 27 L.Ed.2d 75 (1970); United States v. Holmes, 452 F.2d 249, 259 (7th Cir. 1971), cert. denied, 405 U.S. 1016, 92 S.Ct. 1291, 31 L.Ed.2d 479, 407 U.S. 909, 92 S.Ct. 2433, 32 L.Ed.2d 683 (1972); United States v. Mendoza, 473 F.2d 692, 696 (5th Cir. 1973); United States v. Artieri, 491 F.2d 440, 445-46 (2d Cir.), cert. denied, 419 U.S. 878, 95 S.Ct. 142, 42 L.Ed.2d 118 (1974); United States v. Daniels, 549 F.2d 665, 668 (9th Cir. 1977); United States v. Forsythe, 560 F.2d 1127, 1134 (3d Cir. 1977). For the purposes of this case, the key in this line is Andresen v. Maryland, 427 U.S. 463, 96 S.Ct. 2737, 49 L.Ed.2d 627 (1976). In Andresen, the Supreme Court affirmed the conviction of the defendant on one count of false pretenses and three counts of misappropriation by a fiduciary. Id. at 469, 484, 96 S.Ct. 2737. The defendant challenged the reasonableness of the searches and seizures from his corporation and his law office. Id. at 467, 96 S.Ct. 2737. A single document from the corporation, and seventeen items from his law office were introduced into evidence at his trial. Id. There was evidence that between 2% and 3% of the files in the law office were seized and less than 5% of the corporation’s files were seized. Id. at 466-67, 96 S.Ct. 2737. Of the 52 items seized from the offices of the corporation, 45 were returned and the trial court suppressed six. Of the 28 items seized from the law office, seven were returned and four were suppressed. Id. at 467, 96 S.Ct. 2737. In the course of its opinion, the Court observed, “The record discloses that the officials executing the warrants seized numerous papers that were not introduced into evidence. Although we are not informed of their content, we observe that to the extent such papers were not within the scope of the warrants or were otherwise improperly seized, the State was correct in returning them voluntarily and the trial judge was correct in suppressing others.” Id. at 482, 96 S.Ct. at 2749 n.ll. Thus, the Court explicitly approved a document-by-document approach. Those properly seized could be used in evidence even though at the offices of the corporation only one of the 52 items seized was ultimately determined to be properly seized. Therefore, Andresen can be read to hold that even if most of the documents seized by a valid warrant have not been properly seized, those properly seized can be introduced into evidence at trial. The defendants filed a special pleading just to meet the challenge Andresen presents to their “theory of the case.” Defendants’ Memorandum on the Applicability of Andresen v. Maryland to these Proceedings (August 24, 1979). In order to counteract the Andresen holding, the defendants cite essentially five cases. Each of these cases can be easily distinguished. In Kremen v. United States, 353 U.S. 346, 77 S.Ct. 828, 1 L.Ed.2d 876 (1957) (per curiam) the entire contents of the defendants’ cabin were seized without a search warrant. Id. at 347-48, 77 S.Ct. 828. An eleven-page appendix detailing the personal items seized accompanies the opinion. Id. at 349-59, 77 S.Ct. 828. The Court held that the convictions must be set aside because evidence from the cabins was introduced at trial. However, the Court recognized that “the evidence seized from the persons of the petitioners might have been legally admissible.” Thus, the Court did not refuse to distinguish between what was properly and improperly seized. Of course, in this case there are search warrants. In United States v. Rettig, 589 F.2d 418 (9th Cir. 1978), federal agents sought to obtain evidence of a massive cocaine conspiracy. Id. at 420. A federal Magistrate declined to issue the search warrant. Id. The next day, the agents went to a state court judge and sought a warrant to seize evidence of possession of marijuana. Id. The Ninth Circuit found that the warrant was used as an instrument for conducting the search for which permission had been denied on the previous day, and that the actual search pertained to evidence of the cocaine charge, not to the possession of marijuana. Id. at 412. The court did not refuse to permit the introduction of properly seized evidence. Instead, the court ruled that under the circumstances, such a determination was impossible. Id. at 423. In this case, as the defendants have admitted in their pleading, it is possible to determine which discrete items of evidence were within the bounds permitted by the warrant. Thus, Rettig is completely inapposite. In Application of Lafayette Academy, Inc., 462 F.Supp. 767 (D.R.I.1978), the court ruled that the warrant was a broad and general warrant; thus, severability was not permitted. Id. at 772. This Court has determined that the warrant in this case was not defective. The defendants’ citation of VonderAhe v. Howland, 508 F.2d 364 (9th Cir. 1975) can be described as disingenuous at best. In VonderAhe, agents arrived at the home and office of a dentist suspected of tax fraud and removed “practically every piece of paper they could lay their hands on.” Id. at 365. The government had information that the dentist kept two sets of books — one for audits (white) and one for actual receipts (yellow sheets and green cards). Id. at 366. Despite the fact that the agents knew what they were looking for and where it was, the warrants were extremely broad. Id. The agents in executing the warrants made a room-by-room search of the premises including the purse of a Mrs. Perez who was visiting the dentist’s wife. Id. at 367. The Court found that there was no probable cause for the issuance of the warrants except for the yellow sheets and green cards, id. at 369, and that the warrants were general warrants. Id. at 366. What remedy did the Court provide to the dentist? The Ninth Circuit in VonderAhe ordered all of the seized property returned except for the yellow and green cards. Id. at 372. One could not imagine a more persuasive case for severability than VonderAhe: despite an invalid warrant, and seizure of every piece of paper in a man’s home and office, the Court ordered only the return of the improperly seized material. The following language in the case is instructive: The VonderAhes have asked us to invoke in their favor what has become known as the “exclusionary rule,” i. e., to decree at this time that all records seized, including yellow sheets and green cards and any leads therefrom cannot be introduced in any proceeding, civil or criminal against them. However, if the facts are, as represented, that the taxpayers by their own wrong, deliberately concealed income and failed to pay taxes thereon, it would seem to be the height of inequity for the courts to enable them to profit thereby. Using equity as the standard, the warrants as issued restricted to the yellow sheets and green cards would have been reasonable; beyond these records they were too broad. Although the manner of execution was quite unjustified, the penalty of exclusion which the taxpayers would impose is equally unjustified. Our present task is to place the government’s allegedly unlawful procedure in obtaining and executing the warrants and the VonderAhes’ allegedly unlawful concealment on the mythical scales of justice, and observe the balance. Observing this balance (or possibly imbalance), we believe that justice can best be achieved by reversing the District Court dismissing the complaint and, upon remand, directing the District Court to grant the injunctive relief sought by appellants except as to the yellow sheets and green cards, copies of which the government may retain and use subject, however, to any and all objections thereto, including objections based on the Fifth Amendment, in any proceeding, civil or criminal, which may be raised by the VonderAhes. Id. at 372 (emphasis added). Finally, the defendants rely on Lo-Ji Sales, Inc. v. New York, 442 U.S. 319, 99 S.Ct. 2319, 60 L.Ed.2d 920 (1979) which involves the seizure of magazines, films, and other objects from a bookstore on the basis of a New York obscenity statute. Id. at 2321. An investigator purchased two reels of film from a bookstore which he believed to be obscene. Id. at 2322. He took the film to a Town Justice for a search warrant. The Town Justice agreed that the films were obscene and drew up a warrant for the seizure of the films. The Town Justice then proceeded to the bookstore with some state police investigators to view the other material in the store. The Town Justice viewed and found to be obscene 23 films, 4 peep-shows, and 397 magazines. Id. at 2322-23. As each item was seized, it was logged on the warrant. The Court held that the warrant was invalid because it did not even purport to describe particularly the things to be seized, Id. at 2324, and was a general warrant. Id. Furthermore, the Court found that the Town Justice did not manifest that neutrality and detachment required of a judicial officer when presented with a warrant for a search and seizure. Id. In the case before this Court, the warrant was proper and there is no allegation that the Magistrate lacked the neutrality and detachment required of a judicial officer. Accordingly, the defendants’ attempt to force the Court to focus exclusively on the material seized which is not being put into evidence is misguided. The cases relied on by the defendants show that where the warrant is valid, and severability is possible, only material which has been illegally seized is suppressed. Nevertheless, some cases not cited by the defendants’ team of attorneys do provide that at some point an entire search may become so unreasonable that its unreasonableness infects the seizure of each and every item asported. United States v. Fernandez, 430 F.Supp. 794, 801 (N.D.Cal.1976); United States v. Leta, 332 F.Supp. 1357 (M.D.Pa.1971). Accordingly, the Court shall examine the reasonableness of the entire search to be completely certain that justice is done in this case. A. The Standard to be Applied. The defendants argue that the standard to be applied to the searches of the Church’s premises is “scrupulous exactitude.” In support of this contention the defendants rely on the Supreme Court’s decision in Stanford v. Texas, 379 U.S. 476, 85 S.Ct. 506, 13 L.Ed.2d 431 (1965). In Stanford, Texas law enforcement officers obtained a warrant to search for evidence of violations of the Texas Suppression Act which outlawed the Communist Party. Id. at 477, 85 S.Ct. 506. The officers gathered up about half the books they found in the house including works of Karl Marx, Jean Paul Sartre, Theodore Draper, Fidel Castro, Earl Browder, Pope John XXIII and Mr. Justice Hugo L. Black. Id. at 479-80, 85 S.Ct. 506. The officers also seized private papers and documents including a marriage certificate, insurance policies, household bills and receipts and personal correspondence. Id. at 480, 85 S.Ct. 506. Although the warrant called for the seizure of, among other things, “records of the Communist Party” and “party list and dues payments,” no such material was found. Id. at 480, 85 S.Ct. 506. The petitioner moved for the return of this property. Id. The Court ordered it returned on the ground that the warrant was a general warrant. Id. In the course of its opinion, the Court held that: the constitutional requirement that warrants must particularly describe the “things to be seized” is to be accorded the most scrupulous exactitude when the “things” are books, and the basis for their seizure is the ideas they contain. Id. at 485, 85 S.Ct. at 511-512 (emphasis added). Thus, the particularity of a warrant must meet the scrupulous exactitude test when the items to be seized are books, and they are sought for the ideas they contain. Id. To make perfectly clear that the latter condition was not to be ignored, the Court in Stanford added the following footnote: The word “books” in the context of a phrase like “books and records” has, of course, a quite different meaning. A “book” which is no more than a ledger of an unlawful enterprise thus might stand on quite different constitutional footing from the books involved in the present case. . . . And in some situations books even of the kind seized here might, for the purposes of the Fourth Amendment, be constitutionally indistinguishable from other goods — e. g., if the books were stolen. Id. at 485 n.16, 85 S.Ct. at 512 n.16. Thus, in order to determine whether the warrant in this case must meet the scrupulous exactitude standard, the Court must decide whether the documents sought were wanted for the ideas they contain. Based on the warrant and affidavit, it is clear that no documents were sought for the ideas they contain. In fact, the memoranda sought are classic examples of “ledger(s) of an unlawful enterprise” and “stolen” written material. The warrant sought hundreds of. documents allegedly stolen from the government, and written material which allegedly detailed the planning, operation, and handling of such stolen material, as well as material prepared in order to cover up these actions. These documents were not sought as obscene or communist material; they were merely sought as contraband and ledgers of an unlawful enterprise. Therefore, the scrupulous exactitude test cannot be invoked. Merely because the defendants kept their offices in a building belonging to the Church of Scientology does not insulate their actions from the process of law. The point is made even clearer by comparing the defendants’ contentions with the Supreme Court’s decision in Zurcher v. Stanford Daily, 436 U.S. 547, 98 S.Ct. 1970, 56 L.Ed.2d 525 (1978). There, a warrant had been issued for the seizure of photographs of demonstrators at the Stanford University Hospital. Id. at 1974. The photographs had been taken by a Stanford student; who was at the demonstration as a reporter for the Stanford Daily, a student newspaper. Id. The warrant affidavit contained no indication that members of the Daily staff were involved in any unlawful acts. Id. at 1974. Thus, they were innocent bystanders. Furthermore, the material sought was a third party’s photographs of a newsworthy event, rather than ledgers of a criminal enterprise or contraband. In this case, the premises were not those of innocent third parties but those of people about whom there was probable cause to believe involvement in numerous criminal activities. Furthermore, the items sought by the warrant did not result from protected first amendment activity, as did the photographs in Zurcher. The material sought in this case was not obtained through news-gathering. Instead, there was probable cause to believe it was stolen through burglaries of government offices. These allegedly stolen documents, memoranda detailing the plans to obtain and then hide their theft, bear only a remote relationship to materials seized in Zurcher. Accordingly, the defendants have failed to make out any facts which would require the application of the scrupulous exactitude test. Although the Court rejects the defendants’ attempt to invoke a higher standard, the Court recognizes that the true standard, reasonableness, is not a mechanical one. The nature of the material sought, and its location, are important elements in the application of the test. Although the scrupulous exactitude test does not apply, the Court has examined the facts and circumstances of this case with the utmost care in order to determine the reasonableness of the government’s actions in conducting these searches. Of course, the government is required to act with more care than if they were looking for heroin in a tool shed. What would be reasonable there would be inadequate in a search for documents in a Church. B. The Geographical Scope of the Search. The defendants contend that the agents conducted general and exploratory searches outside the geographical bounds of the warrants. The facts do not support the defendants’ contention. The warrant for the Fifield Manor described the premises to be searched as follows: Fifield Manor, 5930 West Franklin Avenue, Hollywood, California, more particularly on so much of the premises described below as consists of the suite of offices of Mr. Henning Heldt located at 5930 West Franklin Avenue, Hollywood, California, a seven-story Victorian building originally used as a hotel, known as “Fifield Manor,” with entrance at the Franklin address as well as 1840 Tamarind Avenue. An information booth is located immediately within the main entrance and adjacent to the information booth is an elevator providing access to the upper six floors. The first through the fourth floors and approximately one-half of the fifth floor contain hotel-type rooms designed to house visiting students. Additionally, portions of the first floor are devoted to dining, cooking and recreation facilities as well as several offices used in hotel administration. The remaining half of the fifth floor, as well as the sixth and seventh floors, in their entirety, house the offices of the “Guardian Office — U.S.” of the Founding Church of Scientology in the United States. The office of Mr. Henning Heldt, the Deputy Guardian for the United States is located on the sixth floor, the last office on the left-hand side of the corridor. Thus, the warrant called for the agents to enter the lobby, proceed via the elevator adjacent to the information booth to the sixth floor, and turn right off the elevator to the suite of offices of Henning Heldt. That is exactly what the agents did. Trans, of July 20, 1979 at 6003. The only other substantial activity in the Fifield Manor was the securing of the hallway outside the office of Henning Heldt for the protection of the agents and to prevent the destruction of evidence. Trans, of July 20, 1979 at 6008. Although there was testimony that agents may have quickly scanned some areas of the basement and elevator area of several floors, there is no credible evidence to indicate that any rooms were entered, or documents read. The agents were merely insuring that no interference would be mounted. See Trans, of August 22, 1979 at 28-29 (always secure area). Certainly such minimal defensive activity cannot render the search of the Heldt suite a general search. Cf. Terry v. Ohio, 392 U.S. 1, 29, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968) (Court recognized that the personal security of police officer is to be factor in determination of reasonableness). The only controversial question with respect to the scope of the Fifield Manor search was the activity in Janet Lawrence’s office and the telex room. In deciding this issue, the Court was greatly aided by the view of the premises taken at the defendants’ request. As one enters the inner office of Henning Heldt, one is struck by the appearance of a hut across the terrace of the roof. Access to the hut is available through French doors in the Heldt office. From the vantage point of an agent attempting to locate the boundary of the Heldt suite, it would be reasonable to assume that this hut, right outside the doors of the Heldt office, would be part of the suite. Much has been made of the