context: Moreover, any such "invalidity" was cured by the searching officers' good-faith reliance on the warrant containing the clerical error.
citation_a.signal: see
citation_a.identifier: 808 F.2d 867, 867
citation_a.parenthetical: "Even assuming that the search warrant was invalid due to the omission of the address, the evidence was properly admitted under the good faith exception to the warrant requirement."
citation_a.sentence: See United States v. Russell, 960 F.2d 421, 423-24 (5th Cir.1992) (applying good-faith exception where warrant was “defective because of clerical error” of omission of list of items to be seized, finding “nothing to be gained by laying fault for this apparent clerical error at [IRS agent’s] feet”); United States v. Curry, 911 F.2d 72, 77-78 (8th Cir.1990) (applying good-faith exception to uphold search conducted pursuant to warrant which lacked address of premises to be searched); Bonner, 808 F.2d at 867 (“Even assuming that the search warrant was invalid due to the omission of the address, the evidence was properly admitted under the good faith exception to the warrant requirement.”); see also United States v. Smith, 63 F.3d 766, 769 (8th Cir.1995) (noting, in ruling that failure of magistrate judge to sign jurat on warrant affidavit did not negate probable cause for warrant, that the exclusionary rule does not apply “to clerical mistakes by judges”). Thus, Mr. Portlock’s argument that the missing date on the fourteenth warrant renders it invalid is not persuasive.
citation_b.signal: see also
citation_b.identifier: 63 F.3d 766, 769
citation_b.parenthetical: noting, in ruling that failure of magistrate judge to sign jurat on warrant affidavit did not negate probable cause for warrant, that the exclusionary rule does not apply "to clerical mistakes by judges"
citation_b.sentence: See United States v. Russell, 960 F.2d 421, 423-24 (5th Cir.1992) (applying good-faith exception where warrant was “defective because of clerical error” of omission of list of items to be seized, finding “nothing to be gained by laying fault for this apparent clerical error at [IRS agent’s] feet”); United States v. Curry, 911 F.2d 72, 77-78 (8th Cir.1990) (applying good-faith exception to uphold search conducted pursuant to warrant which lacked address of premises to be searched); Bonner, 808 F.2d at 867 (“Even assuming that the search warrant was invalid due to the omission of the address, the evidence was properly admitted under the good faith exception to the warrant requirement.”); see also United States v. Smith, 63 F.3d 766, 769 (8th Cir.1995) (noting, in ruling that failure of magistrate judge to sign jurat on warrant affidavit did not negate probable cause for warrant, that the exclusionary rule does not apply “to clerical mistakes by judges”). Thus, Mr. Portlock’s argument that the missing date on the fourteenth warrant renders it invalid is not persuasive.