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Search of defendant miles away from the premises described in the warrant was unauthorized

By John Wesley Hall, Jr.

Reading the warrant as a whole, it was unreasonable to search the defendant miles away from the place described in the warrant. United States v. Young, 2008 U.S. App. LEXIS 2846 (10th Cir. February 5, 2008) (unpublished): We acknowledge the possibility that the use of the term "premises" in the command line was boilerplate, and that the omission of Young from the command line was a mere oversight on the part of the Utah judge. We are hesitant to place too great an emphasis on the command line of the warrant, standing alone, which threatens to value technical precision over practical accuracy. Cf. Angelos, 433 F.3d at 745. We therefore reaffirm that in reviewing a warrant, we should and do take into account all parts of the warrant. United States v...continue to full post

Full post as published by Fourth Amendment on February 10, 2008 (boomark / email).