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Known ambiguity in particularity clause voided search warrant

By John Wesley Hall, Jr.

Ambiguous particularity clause in a search warrant made it defective. The officers knew it was ambiguous and elected which apartment to enter. Unlike Garrison, the ambiguity was known before the search, not after. The fact the officers entered the correct apartment cannot be a factor. Motion to suppress granted. United States v. Fahey, 2008 U.S. Dist. LEXIS 6319 (N.D. Ill. January 29, 2008): The government also attempts to analogize the facts of this case to those in United States v. Owens, 848 F.2d 462 (4th Cir. 1988), in which a court upheld the constitutionality of a search because the executing officers were able to resolve the ambiguity with respect to the intended premises by relying on other information known to them outside the affidavit...continue to full post

Full post as published by Fourth Amendment on January 31, 2008 (boomark / email).