United States v. Sierra
District Court, D. New Jersey
1Opinion of the Court
OPINION
BROTMAN, District Judge.
This case once again raises a troublesome issue regarding the Fourth Amendment’s particularity requirement for search warrants. In United States v. Perez, 562 F.Supp. 574 (D.N.J.1982), this court found that a search warrant which authorized the seizure of “controlled dangerous substances” was not sufficiently particularized in that the supporting affidavits indicated that “in order of probability, the drugs most likely to be found on the defendant’s premises were: (1) heroin; (2) cocaine and (3) miscellaneous unknown substances.” Id. at 577. In so deciding, this…
2Cases cited29 opinions
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- Coolidge v. New HampshireSupreme Court of the United States · 1971
- Payton v. New YorkSupreme Court of the United States · 1980
- Spinelli v. United StatesSupreme Court of the United States · 1969
- Jackson v. DennoSupreme Court of the United States · 1964
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3Cited by5 opinions
- State v. WilliamsSupreme Court of South Carolina · 1989
- State v. BrowneConnecticut Appellate Court · 2007
- State v. HartleySupreme Court of New Jersey · 1986
- State v. HartleySupreme Court of New Jersey · 1986
- United States v. SierraCourt of Appeals for the Third Circuit · 1984