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Misdescription in warrant did not violate Fourth Amendment

By John Wesley Hall, Jr.

Technically inaccurate warrant was not constitutionally deficient where the affiant was also one of the executing officers and they clearly found the right place. United States v. Johnson, 2008 U.S. Dist. LEXIS 86624 (E.D. Tenn. February 6, 2008): The test for determining whether a search warrant describes the premises to be searched with sufficient particularity "is not whether the description is technically accurate in every detail," Prout, 526 F.2d at 387-88, but rather whether the description is sufficient "to enable the executing officer to locate and identify the premises with reasonable effort, and whether there is any reasonable probability that another premises might be mistakenly searched." United States v. Gahagan, 865 F.2d 1490, 1496 (6th Cir...continue to full post

Full post as published by Fourth Amendment on October 30, 2008 (boomark / email).