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U.S. v. SEARS

No. 03-10573.

411 F.3d 1124 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. John SEARS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 20, 2005.

Attorney(s) appearing for the Case

Amber S. Rosen, Office of the U.S. Attorney, San Jose, CA, for the plaintiff-appellee.

Stuart D. Hanlon, San Francisco, CA, for the defendant-appellant.

Before KOZINSKI, W. FLETCHER, and BYBEE, Circuit Judges.

WILLIAM A. FLETCHER, Circuit Judge.

In this case, we must determine the proper remedy for a search pursuant to a warrant that, due to police error in preparing the document for distribution, contained eight words not reviewed by a neutral magistrate. The eight words were "or nearby" (twice) and "but not limited to." It is undisputed that those words expanded the scope of the search and violated the particularity requirement of the Fourth Amendment. Defendant John...

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