Maryland v. Garrison 480 U.S. 79, 107 S. Ct. 1013, 94 L. Ed.2d 72 (1987)
The police obtained a search
warrant to search a guy named Webb and "the premises known as 2036
Park Avenue third floor apartment."
At the time, the police
believed that there was only one apartment on the third floor, owned by
Webb.
When the police got there,
they found two apartments on the third floor. Webb's apartment and
Garrison's apartment. Without realizing that they were separate, they
searched Garrison's apartment and found some drugs.
As soon as the police
realized they weren't in Webb's apartment, they stopped the search, but
drugs had already been found.
Garrison was arrested and
charged with drug possession.
The Trial Court convicted
Garrison of drug possession. He appealed.
Garrison argued that the
search warrant was insufficient because the 4th Amendment requires that that the warrant must
"particularly describe the place to be searched." In this
case, it just said "third floor", which did not fully describe
Garrison's apartment.
The prosecution argued that
the warrant was to search the entire third floor, so it was perfectly
valid.
The Appellate Court upheld the
conviction. Garrison appealed.
The Maryland Supreme Court
reversed and granted Garrison's motion to suppress the evidence. The
prosecutor appealed.
The Maryland Supreme Court
found that the warrant did not authorize a search of Garrison's apartment
and the police had no justification for making a warrantless entry into
his premises.
The US Supreme Court reversed
the Maryland Supreme Court and found that the warrant was valid.
The US Supreme Court found
that the police reasonably believed that they were searching Webb's
apartment. It was just an honest mistake.
The Court found that the
warrant did "particularly describe" the place to be searched,
it was just a little broader than it needed to be. Therefore it was
still a valid warrant.
That part of the 4th
Amendment was designed to protect
against wide-ranging and exploratory searches, and that wasn't the
allegation here.
The Court found that the
discovery of facts demonstrating that a valid warrant was unnecessarily
broad does not retroactively invalidate the warrant.
See United States v.
Leon (468 U.S. 897 (1984)), which
also held that the exclusion doctrine is not the
appropriate remedy for an honest mistake.
Because warrants could
never be based on information that was guaranteed to be true, courts
have held that they are still valid even when predicated on information
that turns out to be false, as long as it was reasonable to believe that
the information was true at the time the warrant was issued.
The Court found that the
warrant was executed in a reasonable manner. Even though a mistake was
made, the police were acting to the best of their ability and according
to the information they had at the time. Therefore the search was legal.
In a dissent, it was argued
that the warrant was pretty clearly designed to search only Webb's apartment,
and so evidence that was not found in Webb's apartment should be excluded
because it was an unreasonable search and seizure without a valid warrant.
The dissent further argued
that it should have been pretty easy to figure out that there were two
apartments on the third floor, so it was not an honest mistake, it was
sloppy policework and therefore not reasonable.
In the case of Groh v.
Ramirez (540 U.S. 551 (2004)), it was
held that when there was a clerical error and the warrant was not filled out
correctly the warrant is invalid and the search is unconstitutional.
That may seem at odds with
this decision, but the difference is that the formality insures that the
magistrate has actually read the warrant and has based his decision on
the correct information. In addition, it lets the home owner know the
scope of the search.
A search predicated in
incorrect research is still reasonable, a search predicated on an typo
is not reasonable.