The court of appeals vacated a district court judgment and remanded the action for further proceedings. The court held that the public has a qualified common law right of access to search warrant application materials after an investigation has been terminated.
The United States investigated Christopher Kortlander for unlawfully attempting to sell migratory bird parts, among other infractions, at his Custer Battlefield Museum in Garryowen, Montana. Two search warrants were executed during the investigation. The district court sealed the affidavits supporting the warrant applications. The government ultimately decided not to prosecute.
