Groh v. Ramirez, 540 U.S. 551, 8 (2004)

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558

GROH v. RAMIREZ

Opinion of the Court

rant uses appropriate words of incorporation, and if the supporting document accompanies the warrant. See, e. g., United States v. McGrew, 122 F. 3d 847, 849-850 (CA9 1997); United States v. Williamson, 1 F. 3d 1134, 1136, n. 1 (CA10 1993); United States v. Blakeney, 942 F. 2d 1001, 1025-1026 (CA6 1991); United States v. Maxwell, 920 F. 2d 1028, 1031 (CADC 1990); United States v. Curry, 911 F. 2d 72, 76-77 (CA8 1990); United States v. Roche, 614 F. 2d 6, 8 (CA1 1980). But in this case the warrant did not incorporate other documents by reference, nor did either the affidavit or the application (which had been placed under seal) accompany the warrant. Hence, we need not further explore the matter of incorporation.

Petitioner argues that even though the warrant was invalid, the search nevertheless was "reasonable" within the meaning of the Fourth Amendment. He notes that a Magistrate authorized the search on the basis of adequate evidence of probable cause, that petitioner orally described to respondents the items to be seized, and that the search did not exceed the limits intended by the Magistrate and described by petitioner. Thus, petitioner maintains, his search of respondents' ranch was functionally equivalent to a search authorized by a valid warrant.

We disagree. This warrant did not simply omit a few items from a list of many to be seized, or misdescribe a few of several items. Nor did it make what fairly could be characterized as a mere technical mistake or typographical error. Rather, in the space set aside for a description of the items to be seized, the warrant stated that the items consisted of a "single dwelling residence . . . blue in color." In other words, the warrant did not describe the items to be seized at all. In this respect the warrant was so obviously deficient that we must regard the search as "warrantless" within the meaning of our case law. See Leon, 468 U. S., at 923; cf. Maryland v. Garrison, 480 U. S. 79, 85 (1987); Steele v. United States, 267 U. S. 498, 503-504 (1925). "We are not

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