Can a search warrant be cured by the accompanying affidavit that more specifically describes the items to be seized?
MultiRegion, United States of America
The following excerpt is from U.S. v. Asemota, 961 F.2d 217 (9th Cir. 1992):
A constitutionally overbroad warrant can be cured by an accompanying affidavit that more particularly describes the items to be seized. United States v. Luk, 859 F.2d 667, 676 (9th Cir.1988). However, the affidavit must be expressly incorporated into the warrant by reference. In this matter, the warrant did not expressly incorporate the affidavit. We conclude that the district court erred in ruling that the search warrant was not overbroad.
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