Judge Gave a Verbal OK to Search a Home — But Does the 4th Amendment Require More?

The Fourth Amendment specifically requires a warrant to include a description of the “place to be searched.” The police officers here—at first—complied with that requirement, obtaining a warrant that listed a motel room suspected of being a hub for drug trafficking. The officers then decided to search the suspect’s home as well, and asked the judge over the phone to expand the scope of the warrant to include the home. The judge agreed, but the officers did not physically amend the warrant. We agree with the district court that the officers violated the Fourth Amendment because the warrant was facially defective. While a judge had orally approved the search of the home, the text of the Fourth Amendment still requires the warrant to specify the place to be searched. Full case here: Manriquez v. Ensley, --- F.4th ---- (2022), https://cdn.ca9.uscourts.gov/datastore/opinions/2022/08/30/20-16917.pdf Anton Vialtsin, Esq. LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law https://lawstache.com (619) 357-6677 Do you want to buy our Lawstache merchandise? Maybe a t-shirt? https://lawstache.com/merch/ Want to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101 Want to learn about our recent victories? https://lawstache.com/results-notable-cases/ If you"d like to support this channel, please consider purchasing some of the following products. We get a little kickback, and it does NOT cost you anything extra: *Calvin Klein Men"s Dress Shirt Slim Fit Non-iron, https://amzn.to/3zm6mkf *Calvin Klein Men"s Slim Fit Dress Pant, https://amzn.to/3G8jLQG *Johnson and Murphy Shoes, https://amzn.to/3KmfX0Y *Harley-Davidson Men"s Eagle Piston Long Sleeve Crew Shirt, https://amzn.to/43gFtMC *Amazon Basics Tank Style Highlighters, https://amzn.to/3zwOEKZ *Pilot Varsity Disposable Fountain Pens, https://amzn.to/40EjSfm *Apple 2023 Mac Mini Desktop Computer, https://amzn.to/3Km2aGC *ClearSpace Plastic Storage Bins, https://amzn.to/3Kzle5q Are you are a Russian speaker? Вы говорите по-русски? https://russiansandiegoattorney.com Based in San Diego, CA Licensed: California, Nevada, and Federal Courts The San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are e...