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E.D.Mich.: Officers were on notice there were two separate offices nearby, and the warrant for one did not support search for both

By John Wesley Hall, Jr.

Officers violated the Fourth Amendment with a warrant for business premises when they were really on notice two weeks before the search that there were two nearby offices that were separate (Suite 218 & Suite 218A). Garrison is instructive because there the officers discovered that there were two apartments and discontinued the search when they did. United States v. Muse, 2010 U.S. Dist. LEXIS 89520 (E.D. Mich. August 2, 2010): Rather, the point of distinction of these cases is the information available to the officers at the time they conducted their search. There is no proper way a reasonable person could conclude that Suites 218 and 218A were part of the same unit on May 2, 2006. Suite 218A was distinct, different, separate, discrete, and clearly identified as such...continue to full post

Full post as published by Fourth Amendment on September 03, 2010 (boomark / email).