Officer’s knowledge of property to be searched may cure incorrect address listed in search warrant

SEARCH & SEIZURE United States v. Brakeman, No. 06-2139, ___ F.3d ___ (10th Cir. Feb. 5, 2007)(New Mexico). Appeal of conviction for being felon in possession of firearms and ammunition in violation of 18 U.S.C. §§ 922(g)(1), 924(e)(1); possession of methamphetamine with intent to distribute in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C); and carrying firearm and ammunition during commission of drug-trafficking crime in violation of 18 U.S.C. § 924(c)(1)(A)(I). HELD: (1) Police officer’s knowledge of property to be searched under search warrant may cure incorrect address in warrant as long officer’s knowledge is not sole source of location. Where address of property to be searched was technically incorrect as stated in search warrant, but other details listed in warrant were sufficiently accurate that any ambiguity could be cured by officer’s personal knowledge, search warrant was sufficiently particular to satisfy Fourth Amendment. (2) During pat down search incident to traffic stop, where defendant stated he had a pocket knife, officer’s search of glasses case removed from defendant’s pocket was justified even though case was searched after being removed from defendant’s pocket and was out of his immediate reach. Defendant could have broken away from officer and reacquired access to case containing weapon, or upon conclusion of traffic stop case would have been returned to him. In either situation, defendant could have posed threat to officer. (3) When suspect states he is carrying particular weapon and officer finds that weapon during pat-down search, officer is not required to assume suspect is carrying no other weapons. Read the opinion here.