D.N.M.: SWs are seldom perfect; the question is where there is a reasonable belief in facts supporting a search

“The process of obtaining a search warrant exists to ensure that officers first gather sufficient facts indicating criminal activity before scouring through private property. Though search warrants are not always perfect or as specific as courts might like, the process itself acts as a bulwark against Fourth Amendment violations. [¶] While investigating allegations of child abuse, officers were invited into the home of Veronica Villareal and Defendant Edward Verdugo. Once inside, they immediately smelled burnt marijuana. After Villareal’s son admitted to smoking marijuana and possessing paraphernalia, officers sought a warrant to search the entire home. In that search, they discovered approximately 17.4 grams of heroin and a firearm in a black bag belonging to Verdugo. Before the Court is Verdugo’s Motion to Suppress Physical Evidence (Doc. 28). Although the search warrant did not make specific reference to Verdugo’s black bag, the smell of burnt marijuana and the presence of paraphernalia provided justification for the officers to search the entire home.” United States v. Verdugo, 2020 U.S. Dist. LEXIS 29579 (D. N.M. Feb. 19, 2020).*