Friday, August 24, 2007

U.S. v. Hurd (9th Cir. - Aug. 24, 2007)

I agree with Judge Milan Smith in this one. Sure, it would have been better -- a lot better -- if the judge who authorized the search warrant hadn't forgotten to initial the part of the warrant that authorized the search of the residence. But humans sometimes make mistakes, and since the judge, when she signed the warrant, seemed pretty clearly to intend to approve the whole thing, the search was permissible. Notwithstanding the fact that, technically, nothing on the actual warrant authorized the search of the residence.

Still, next time, let's be a little more careful, okay? This is pretty important stuff.