Groh v. Ramirez, 540 U.S. 551, 11 (2004)

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Cite as: 540 U. S. 551 (2004)

Opinion of the Court

have believed that some of the weapons mentioned in the affidavit could have been lawfully possessed and therefore should not be seized. See 26 U. S. C. § 5861 (requiring registration, but not banning possession of, certain firearms). The mere fact that the Magistrate issued a warrant does not necessarily establish that he agreed that the scope of the search should be as broad as the affiant's request. Even though petitioner acted with restraint in conducting the search, "the inescapable fact is that this restraint was imposed by the agents themselves, not by a judicial officer." Katz v. United States, 389 U. S. 347, 356 (1967).4

We have long held, moreover, that the purpose of the particularity requirement is not limited to the prevention of general searches. See Garrison, 480 U. S., at 84. A particular warrant also "assures the individual whose property is searched or seized of the lawful authority of the executing officer, his need to search, and the limits of his power to search." United States v. Chadwick, 433 U. S. 1, 9 (1977) (citing Camara v. Municipal Court of City and County of San Francisco, 387 U. S. 523, 532 (1967)), abrogated on other grounds, California v. Acevedo, 500 U. S. 565 (1991). See also Illinois v. Gates, 462 U. S. 213, 236 (1983) ("[P]ossession

4 For this reason petitioner's argument that any constitutional error was committed by the Magistrate, not petitioner, is misplaced. In Massachusetts v. Sheppard, 468 U. S. 981 (1984), we suggested that "the judge, not the police officers," may have committed "[a]n error of constitutional dimension," id., at 990, because the judge had assured the officers requesting the warrant that he would take the steps necessary to conform the warrant to constitutional requirements, id., at 986. Thus, "it was not unreasonable for the police in [that] case to rely on the judge's assurances that the warrant authorized the search they had requested." Id., at 989, n. 6. In this case, by contrast, petitioner did not alert the Magistrate to the defect in the warrant that petitioner had drafted, and we therefore cannot know whether the Magistrate was aware of the scope of the search he was authorizing. Nor would it have been reasonable for petitioner to rely on a warrant that was so patently defective, even if the Magistrate was aware of the deficiency. See United States v. Leon, 468 U. S. 897, 915, 922, n. 23 (1984).

561

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