The police obtained a warrant to search McWebb and "the premises known as 2036 Park Avenue third floor apartment." Officers went to the named address and search the third floor, discovering and seizing contraband. It was later revealed that there were several apartments on the third floor at 2036 Park Avenue and that the contraband had been seized from Garrison's (not McWebb's) third floor apartment.

Should the evidence be excluded for lack of particularity of the warrant?

Ambadas Joshi

Emory Law

Answer

Held: The description of the premises to be searched was sufficient for a valid warrant, based upon the information that the police had a duty to discover and disclose. Had the police realized there was more than one apartment on the third floor, then they would have been required to limit their search to McWebb's apartment.  However, the execution of the warrant was valid because the officers' failure to realize the overbreadth of the warrant was objectively understandable and reasonable and met the good-faith exception.