Officer Miller, in seeking to execute the warrant, went to the 1200 block of North First Avenue East which is a housing project containing identical four and six plexes. He discovered that there was no residence numbered 1218 on North First Avenue East. The officer knew the streets were numbered and that there was no North Third Avenue East, so he walked to 1218 North Second Avenue East.

Officer Miller knocked on the door to 1218 North Second Avenue East and when the door was opened, he recognized the defendant, identified himself as a police officer and Officer Miller had a search warrant to search Anthony Schnorr personally and his apartment. The search revealed two tablets of LSD and a small amount of marijuana and these items were seized.

Officer Miller had no independent knowledge of where the defendant resided beyond the address listed on the warrant. He testified that if defendant had not come to the door at 1218 North Second Avenue East, he would not have executed the warrant.

Is this a valid search?

Answer:
Search and arrest upheld.

See: State of Minnesota v. Schnorr, 346 N.W.2d 380 (1984).