context: Mr. Portlock does not cite any authority for his assertion that the lack of a complete date on the warrant renders it constitutionally infirm, nor has any been located. On the contrary, similar clerical errors and omissions have been held not to affect the validity of a search warrant.
citation_a.signal: see
citation_a.identifier: 195 F.Supp.2d 267, 274
citation_a.parenthetical: concluding that omission from warrant of reference to list of items to be seized was merely "a clerical error that posed no real risk to legitimate privacy interests"
citation_a.sentence: See, e.g., United States v. Bonner, 808 F.2d 864, 866-67 (1st Cir.1986) (finding warrant valid despite omission of address of location to be searched and referring to such as “a minor, technical omission”); Ross v. United States, No. CR. 496150(1)JRTAJB, Civ. 03-1020(JRT), 2003 WL 22076607, at *4 n. 4 (D.Minn. Sep. 2, 2003) (rejecting claim that warrant was invalid where, due to clerical error, warrant reflected that it was issued on August 31 but executed on August 27); United States v. Albert, 195 F.Supp.2d 267, 274 (D.Mass.2002) (concluding that omission from warrant of reference to list of items to be seized was merely “a clerical error that posed no real risk to legitimate privacy interests”); cf. United States v. Berry, 113 F.3d 121, 124 (8th Cir.1997) (reversing district court’s grant of motion to suppress which had been based on warrant’s failure to specifically authorize nighttime search; affidavit clearly had contemplated a nighttime search, warrant was presented for signature at issuing judge’s home at 12:30 a.m., and it was thus apparent to the appellate court “that the wording of the concluding paragraph in the warrant was the result of some sort of clerical error”); United States v. Klaia, 127 F.2d 529, 530 (2d Cir.1942) (finding omission of date from copy of search warrant was trivial and harmless where original was properly dated).
citation_b.signal: cf.
citation_b.identifier: 127 F.2d 529, 530
citation_b.parenthetical: finding omission of date from copy of search warrant was trivial and harmless where original was properly dated
citation_b.sentence: See, e.g., United States v. Bonner, 808 F.2d 864, 866-67 (1st Cir.1986) (finding warrant valid despite omission of address of location to be searched and referring to such as “a minor, technical omission”); Ross v. United States, No. CR. 496150(1)JRTAJB, Civ. 03-1020(JRT), 2003 WL 22076607, at *4 n. 4 (D.Minn. Sep. 2, 2003) (rejecting claim that warrant was invalid where, due to clerical error, warrant reflected that it was issued on August 31 but executed on August 27); United States v. Albert, 195 F.Supp.2d 267, 274 (D.Mass.2002) (concluding that omission from warrant of reference to list of items to be seized was merely “a clerical error that posed no real risk to legitimate privacy interests”); cf. United States v. Berry, 113 F.3d 121, 124 (8th Cir.1997) (reversing district court’s grant of motion to suppress which had been based on warrant’s failure to specifically authorize nighttime search; affidavit clearly had contemplated a nighttime search, warrant was presented for signature at issuing judge’s home at 12:30 a.m., and it was thus apparent to the appellate court “that the wording of the concluding paragraph in the warrant was the result of some sort of clerical error”); United States v. Klaia, 127 F.2d 529, 530 (2d Cir.1942) (finding omission of date from copy of search warrant was trivial and harmless where original was properly dated).