480 U.S. 79 (1987)
Baltimore police officers obtained a search warrant on May 21, 1982, for the person of Lawrence McWebb and the premises known as 2036 Park Avenue third floor apartment, authorizing seizure of marijuana, related paraphernalia, minies, books, papers, and photographs.1 The officer who applied for the warrant verified information from a reliable informant, conducted an exterior examination of the three-story building at 2036 Park Avenue, and inquired with the utility company, reasonably concluding there was only one apartment on the third floor occupied by McWebb.2
When six officers executed the warrant they encountered McWebb in front of the building and used his key to enter the first-floor hallway and the locked door at the top of the stairs to the third floor.3 In the third-floor vestibule they encountered respondent Garrison standing in the hallway with the doors to both apartments open, and they entered both units.4
The officers discovered heroin, cash, and drug paraphernalia in Garrison's apartment before any officer realized the third floor contained two separate apartments.5 As soon as the officers became aware of the two apartments they discontinued the search of Garrison's premises.6 All officers reasonably believed they were searching McWebb's apartment throughout the process, and neither McWebb nor Garrison informed the police during the search that there were two apartments on the third floor.7
An officer in Garrison's apartment answered a telephone call asking for Red Cross, the name by which McWebb was known to the informant.8 The trial court denied Garrison's motion to suppress the evidence seized from his apartment.9 The Maryland Court of Special Appeals affirmed.10 The Court of Appeals of Maryland reversed and remanded with instructions to remand the case for a new trial.11 The Supreme Court granted certiorari.12
Whether a search warrant describing the third floor apartment at 2036 Park Avenue was valid when issued even though it was based on the mistaken belief that only one apartment existed on that floor?13
The Fourth Amendment's Warrant Clause requires that warrants particularly describe the place to be searched.14 The validity of a warrant is determined based on the information available to the officers at the time the warrant was obtained, not on subsequently discovered facts.15 A warrant supported by probable cause and a reasonable investigation is valid even if it turns out to be broader than necessary due to a factual mistake.16
Yes. The warrant issued on May 21, 1982, authorized a search of the person of Lawrence McWebb and the premises known as 2036 Park Avenue third floor apartment for marijuana and related items.17 With hindsight the description was broader than appropriate because the third floor was divided into two apartments.18 The validity must be assessed on the basis of the information that the officers disclosed or had a duty to discover and disclose to the issuing magistrate.19 The trial court, the Court of Special Appeals, and the Court of Appeals of Maryland all concluded that the officer reasonably believed McWebb was the only tenant on that floor.20
The discovery of facts demonstrating that a valid warrant was unnecessarily broad does not retroactively invalidate the warrant.21 The officers' conduct is judged in light of the information available to them at the time they acted.22
The warrant was valid when it was issued.23
Related opinions on this issue
Justice Blackmun dissented on the ground that the warrant was specifically limited to McWebb's apartment.24 He argued that the language 'third floor apartment' referred to one apartment on the third floor, not the entire floor.25 In his view, the search of Garrison's apartment was warrantless and unreasonable in the absence of exigent circumstances.26
He also contended that the officers' efforts to determine the building's configuration were not reasonable because they failed to notice the seven mailboxes or make further inquiries.27
Whether the officers' execution of the warrant by entering and searching both apartments on the third floor before realizing the mistake was reasonable under the Fourth Amendment?28
The execution of a warrant must be reasonable under the Fourth Amendment.29 Officers are allowed latitude for honest mistakes that are objectively reasonable under the circumstances.30 When officers discover that a warrant describes too broadly the premises to be searched, they must discontinue the search of the erroneously included areas.31
Yes. The officers encountered McWebb in front of the building and used his key to gain access to the third floor.32 In the vestibule they encountered Garrison with both apartment doors open, and they searched both units, discovering the contraband in Garrison's apartment before realizing there were two apartments.33 All officers reasonably believed they were searching McWebb's apartment throughout the process.34
As soon as they became aware of the two apartments, the search was discontinued.35 The objective facts available to the officers at the time suggested no distinction between McWebb's apartment and the third-floor premises, making the mistake understandable and reasonable under the circumstances.36 The officers properly responded to the command contained in a valid warrant.37 Their conduct was consistent with a reasonable effort to ascertain and identify the place intended to be searched within the meaning of the Fourth Amendment.38
The execution of the warrant was reasonable under the Fourth Amendment.39
Related opinions on this issue
Justice Blackmun argued that even if reasonable mistakes can excuse Fourth Amendment violations, the officers' error in this case was not reasonable.40 He pointed out that Detective Shea observed seven mailboxes and bells before entering, which should have put the officers on notice of multiple units.41 He also noted that the officers failed to ask McWebb or Garrison about the apartment configuration despite having the opportunity.42
The symmetrical layout of the two apartments should have made the mistake apparent during the initial security sweep.43