Is a warrant valid for the entire premises of a single family residence, even though probable cause exists to search only one unit?

MultiRegion, United States of America

The following excerpt is from Hart v. Benton Cnty. (Or) Sheriff's Office, No. 13-35080 (9th Cir. 2016):

"A search warrant for the entire premises of a single family residence is valid, notwithstanding the fact that it was issued based on information regarding the alleged illegal activities of one of several occupants of a residence." United States v. Ayers, 924 F.2d 1468, 1480 (9th Cir. 1991). By contrast, if a warrant authorizes the search of separate apartments or units, even though probable cause exists to search only one of them, the warrant is overbroad. See id. A search conducted pursuant to such a warrant is unreasonable unless "the officers' failure to realize the overbreadth of the warrant [is] objectively understandable and reasonable." Id. (quoting Maryland v. Garrison, 480 U.S. 79, 88 (1987)).

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