By: WISCONSIN LAW JOURNAL STAFF//November 26, 2014//
By: WISCONSIN LAW JOURNAL STAFF//November 26, 2014//
U.S. Court of Appeals For the Seventh Circuit
Criminal
Search and Seizure — Search warrants — mistaken information
Even though a search warrant mistakenly referred to a duplex unit as an upper unit, and the duplex was actually divided into front and rear, rather than upper and lower, the warrant was valid.
“The Garrison Court nowhere suggested that if, after discovering the mistaken layout, the officers had been able to confirm that they were in the targeted apartment (McWebb’s), a continued search of that apartment would have been improper. In fact, the Court concluded that ‘[i]f the officers had known, or should have known, that the third floor contained two apartments …, and thus had been aware of the error in the warrant, they would have been obligated to limit their search to McWebb’s apartment.’ Id. at 86 (emphasis added). Therefore, contrary to Kelly’s contention, Garrison supports the reasonableness of the search conducted here. The officers limited their search to the targeted apartment8 and, because only one apartment was accessible from the door through which they entered the building, there was no risk that they might inadvertently have searched the wrong unit. As a result, Detective Jimenez was not constitutionally required to seek a modified warrant before continuing his search of all three levels of Kelly’s residence.”
Affirmed.
14-1015 U.S. v. Kelly
Appeal from the United States District Court for the Northern District of Illinois, Kapala, J., Flaum, J.