The following excerpt is from Center Art Galleries-Hawaii, Inc. v. U.S., 875 F.2d 747 (9th Cir. 1989):
An affidavit can cure the overbreadth of a warrant if the affidavit is "attached to and incorporated by reference in" the warrant. Spilotro, 800 F.2d at 967; United States v. Leary, 846 F.2d 592, 603 (10th Cir.1988) ("the affidavit and search warrant must be physically connected so that they constitute one document ... and ... the search warrant must expressly refer to the affidavit and incorporate it by reference using suitable words of reference") (emphasis added); United States v. Hillyard, 677 F.2d 1336, 1340 (9th Cir.1982); see also United States v. Luk, 859 F.2d 667, 676 & n. 8 (9th Cir.1988). The former requirement assures that "the person being searched has notice of the specific items the officer is entitled to seize." In re Property Belonging to Talk of the Town Bookstore, Inc., 644 F.2d 1317, 1319 (9th Cir.1981). The latter requirement helps assure that the affidavit actually limits "the discretion of the officers executing the warrant." Id. In the case before us, the affidavit was not expressly incorporated into the warrant. Moreover, although the government alleges that some of its officers had copies of the affidavit, the government does not claim that the affidavit was physically attached to the warrants or was given to CAG as part of the search.
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