Does a search warrant that incorporated by reference a supporting affidavit constitute a valid search warrant?

MultiRegion, United States of America

The following excerpt is from USA. v. Silva, 247 F.3d 1051 (9th Cir. 2001):

Defendant cites United States v. McGrew, 122 F.3d 847 (9th Cir. 1997), in support of his claim. McGrew involved a federal warrant that incorporated by reference a supporting affidavit. The agents gave the defendant a copy of the bare and uninformative warrant during the search, but failed to provide the incorporated affidavit. This court held that the search was illegal because "it is the government's duty to serve the search warrant on the suspect, and the warrant must contain, either on its face or by attachment, a sufficiently particular description of what is to be seized." Id. at 850.

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