Does a search warrant containing an inaccurate description of an apartment containing an incorrect description valid because the officers who executed the warrant personally knew the address?

MultiRegion, United States of America

The following excerpt is from United States v. Williams, No. 02-1453. (2nd Cir. 2003):

Here, the officers who executed the warrant were familiar with the apartment because they had purchased drugs there through a confidential informant shortly before the warrant was executed. They had surveilled the informant entering that apartment through the brown side entrance door specified in the warrant. Accordingly, there was no risk that the executing officers would use any other door or mistakenly enter the wrong apartment. See United States v. Durk, 149 F.3d 464, 466 (6th Cir. 1998) (finding warrant containing inaccurate description valid because "[u]nder the[] circumstances, no reasonable probability existed that the officers would search the wrong premises as a result of the inaccuracies"); see also United States v. Gitcho, 601 F.2d 369, 372 (8th Cir. 1979) (holding that fact that agents executing warrant personally knew

Page 4

Other Questions


Is a search warrant valid for the seizure of personal property of a person who has not been identified in the search warrant? ("New York", United States of America)
What is the test for obtaining a search warrant under a warrant for search warrants where the affidavit contains misrepresentations or omissions? (MultiRegion, United States of America)
Is a valid search warrant valid for a search warrant justified or invalid? (MultiRegion, United States of America)
When a search warrant is issued, can the search warrant be used to search for a suspect who has been detained without a warrant? (MultiRegion, United States of America)
What is the state of the law on qualified immunity for the use of search warrant for search warrants in search of a person with mental health issues? (MultiRegion, United States of America)
What is the test for a search warrant valid when the search warrant was signed only after the search party had presented its supporting facts? (MultiRegion, United States of America)
Does the description of the items seized under a search warrant need to be specific in the search warrant description? (MultiRegion, United States of America)
When can a police officer rely on a search warrant or a warrant issued by the Office of the Attorney General for the purpose of obtaining an administrative inspection warrant? (MultiRegion, United States of America)
Is there any case law where a search warrant can be used to search a person's home without the search warrant being issued? (MultiRegion, United States of America)
Does the government have to obtain a search warrant to search for evidence that the search warrant was obtained without a warrant? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.