"other persons” warrant lacked required particularity
How later courts described this case
- "other persons” warrant lacked required particularity
Written by the judges who cited it.
The opinion
Weaver, J.
(concurring). I concur in the result reached by my colleagues because the affidavit for search warrant provided to the district court in this case was so vague and overbroad that it could not be construed as providing an objectively reasonable basis for undertaking a search of the defendant.
However, I do not agree that a good faith exception would not apply under some circumstances, consistent with the principles enunciated in United States v Leon, 468 US 897 ; 104 S Ct 3405 ; 82 L Ed 2d 677 (1984), reh den 468 US 1250 (1984), and Massachusetts v Sheppard, 468 US 981 ; 104 S Ct 3424 ; 82 L Ed 2d 737 (1984). Therefore I concur in the result only.