United States v. John Sears

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 Sears appeals the district court’s decision to remedy this Fourth Amendment violation by suppressing only that evidence seized…