Sunday, July 27, 2008

Warrant Peace

Untied States v. Waker, No. 07-4160-cr (2d Cir. July 22, 2008) (Hall, Livinston, CJJ, McMajon, DJ) (per curiam)

Here, the defendant unsuccessfully argued that various defects invalidated a search warrant.

He first cited two typographic errors - the magistrate accidentally set the execution deadline as April 30, 2004, instead of April 30, 2005, and the agent accidentally post-dated by one day facts in the supporting affidavit. But the court held that “minor errors” are not cause for invalidating a warrant. Here, the dating errors were harmless because “each document in which they occurred contained accurate information from which one could easily establish the correct dates.”

Waker also argued that the warrant’s cross-reference to the applicant’s affidavit violated the Fourth Amendment’s particularity requirement. The court again disagreed. The affidavit was attached, the language of warrant clearly incorporated it, and this is enough under the Fourth Amendment.


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