Case 1:14-mj-00228-JMF Document 11 Filed 08/08/14 Page 10 of 21
-10a search warrant sufficiently describes the place to be searched
if the officer with a search warrant can, with reasonable effort
ascertain and identify the place intended.’”
United States v.
Vaughn, 830 F.2d 1185, 1186 (D.C. Cir. 1987) (quoting Moore v.
United States, 461 F.2d 1236, 1238 (D.C. Cir. 1972)).
“The manifest purpose of th[e] particularity requirement was
to prevent general searches.”
79, 84 (1987).
Maryland v. Garrison, 480 U.S.
General warrants “le[ave] to the discretion of
the executing officials the decision as to which persons should
be arrested and which places should be searched.
. . .
[These
warrants] provide[] no judicial check on the determination of
the executing officials that the evidence available justified an
intrusion into any particular home.”
451 U.S. 204, 220 (1981).
Steagald v. United States,
“By limiting the authorization to
search to the specific areas and things for which there is
probable cause to search,” the Supreme Court has explained, “the
[particularity] requirement ensures that the search will be
carefully tailored to its justifications, and will not take on
the character of the wide-ranging exploratory searches the
Framers intended to prohibit.”
Garrison, 480 U.S. at 84.
A. Application for search warrant
The magistrate judge rejected the government’s application
as an unconstitutional general warrant not because the
government failed to provide sufficient facts to support a
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