Sunday, January 13, 2019

Maryland v. Garrison case brief

    1. Maryland v. Garrison case brief summary

      1. Police obtained and executed a warrant to search the person of Lawrence McWebb but after they discovered contraband they found out they were in different apartments
      2. No question that the warrant was valid and there was probable cause
      3. After they entered Garrison’s side of the apartment they discovered heroin and contraband- once they realized they were in the wrong app they discontinued the search
      4. A warrant must particularly describe the place to be searched and the person or things to be seized
      5. The warrant was valid- we look at the time the police reported to the magistrate to get the warrant
        1. It was valid but now we look to the scope to determine
        2. We look to see if the mistake of the officer was objectively reasonable
        3. Prior to finding out the mistake, they objectively reasonably believed the third floor was one single apartment
        4. McWebb did nothing to warn the police
        5. The warrant was not invalid but technically it was
        6. The court is saying that the officers did the best they could
          1. We won’t punish the state for their reasonable mistake
      6. This is the flip side of what we usually see

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