When a search warrant describes a house to be searched in detail but fails to identify a nearby house in its description?

MultiRegion, United States of America

The following excerpt is from U.S. v. Turner, 770 F.2d 1508 (9th Cir. 1985):

In the case at bar, the warrant description was sufficiently particular. The verbal description contained in the warrant described the house to be searched with great particularity; no nearby house met the warrant's detailed description; the address in the warrant was reasonable for the location intended; the house had been under surveillance before the warrant was sought; the warrant was executed by an officer who had participated in applying for the warrant and who personally knew which premises were intended to be searched; and the premises that were intended to be searched were those actually searched. Under these circumstances, there was virtually no chance that the executing officer would have any trouble locating and identifying the premises to be searched, or that he would mistakenly search another house. See 2 W. LaFave, Search and Seizure Sec. 4.5 at 76 (1978) ("the name of an apartment complex or business enterprise will prevail over a street address, as will a detailed physical description which speaks of the precise location or appearance of the premises"); United States v. Shropshire, 498 F.2d 137, 142 (6th Cir.1974) (upholding search of third trailer on road, when warrant referred to second trailer but correctly described the color, lot number and names of the owners of the third trailer), cert. dismissed, 420 U.S. 901, 95 S.Ct. 838, 42 L.Ed.2d 845 (1975).

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