E.D.Tenn.: SW for house doesn’t need to limit the rooms for search

Where there is probable cause as to a house, there is no reason to limit the search as to parts of it. Here, it was argued a bedroom should have been excluded. United States v. Pule, 2012 U.S. Dist. LEXIS 183316 (E.D. Tenn. July 5, 2012):

As argued by the government, when there is reliable information that drug trafficking is being conducted at or from a residence, “there is no reason for the warrant not to authorize a search of the entire house.” United States v. Elder, Nos. 91-5605, 91-5606, 1992 WL 42346, at *3 (6th Cir. Mar. 3, 1992). If, however, officers knew or should have known that a building contains multiple “separate dwelling units,” the officers are obligated to exclude from the warrant any units for which they lack probable cause to conduct a search. Maryland v. Garrison, 480 U.S. 79, 84-85 (1987). Here, however, Defendant has made no argument that his bedroom should have been excluded from the warrant when it was issued, so I FIND the warrant was properly issued and will turn to the issue of execution of the warrant.

[Note: As a functional matter, the defendant’s argument would be impossible to enforce short of saying “only [suspect’s] bedroom and common areas can be searched under this warrant.” How can the police be expected to know the layout of the house? They can’t. Also, for what it’s worth, I’ve had drug cases were the drugs were kept in guest and kid’s bedroom closets and those bedrooms were occupied at the time of the search. It just can’t work in practice.]