Muhammad v Pearson 7th CIR (17AUG2018)

Muhammad v Pearson 7th CIR (17AUG2018)

Muhammad v Pearson 7th CIR (17AUG2018)

What happens when officers execute a search warrant at an apartment with an address different from the one actually named on the warrant?  That’s what happens in this case.  The warrant for for “Apartment 1” but there was no Apartment 1 … but there was a 1A and 1B.  They executed the warrant in 1B.  Typically that results in an unreasonable search under the Fourth Amendment, but it didn’t in this case for two reasons. First, as it turns out, the apartment intended to be searched under the warrant was the one entered.  And second, the officer who went into 1B didn’t know there was a 1A.  This was a narrow decision …  Make sure you’re at the right place!  Read the full opinion for a good outline of the law when it comes to search warrant execution.

To view or download the full decision click here