W.D.Mo.: Particularity argument fails; no allegation of how it was not particular

If you are going to allege a failure to particularity, you should also say how and why. Without how and why, the court often has nothing to go on [which is true], and it often is easily remedied by the government, as here. United States v. White, 2012 U.S. Dist. LEXIS 185938 (W.D. Mo. November 30, 2012), adopted 2013 U.S. Dist. LEXIS 18006 (W.D. Mo. February 11, 2013):

Both defendants also contend that the search warrants were invalid because they did not describe the properties in question with sufficient particularity. They do not specifically allege, however, in what manner the descriptions of the places to be searched was deficient.

The test for determining the sufficiency of the description of the place to be searched is whether the place is described with sufficient particularity so as to enable the executing officer to locate and identify the premises with reasonable effort, and whether there is any reasonable probability that another premise might be mistakenly searched. United States v. Gitcho, 601 F.2d 369, 371 (8th Cir.) (citations omitted), cert. denied, 444 U.S. 871 (1979). Thus, where a search warrant contained information that particularly identified the place to be searched, the court has found the description to be sufficient even though it listed the wrong address. United States v. McCain, 677 F.2d 657, 660-61 (8th Cir.1982). Moreover, where the same officer both applied for and executed the warrant, a mistaken search is unlikely. McCain, 677 F.2d at 661.

In this case, there was ample testimony from Officer Carpenter, the affiant, regarding his efforts to sufficiently identify each property in the affidavits in support of the search warrants. There was also considerable testimony from other officers that would establish the location and description of each property, which were located in a very rural and secluded area. …