MARYLAND v. GARRISON
No. 85-759
Supreme Court of the United States
Argued November 5, 1986—Decided February 24, 1987
480 U.S. 79
Stephen H. Sachs, Attorney General of Maryland, argued the cause for petitioner. With him on the briefs were Deborah K. Chasanow and Anne E. Singleton, Assistant Attorney General.
Gerald A. Kroop argued the cause and filed a brief for respondent.*
JUSTICE STEVENS delivered the opinion of the Court.
Baltimore police officers obtained and executed a warrant to search the person of Lawrence McWebb and “the premises known as 2036 Park Avenue third floor apartment.”1 When the police applied for the warrant and when they conducted the search pursuant to the warrant, they reasonably believed that there was only one apartment on the premises described in the warrant. In fact, the third floor was divided into two apartments, one occupied by McWebb and one by respondent Garrison. Before the officers executing the warrant became aware that they were in a separate apartment occupied by respondent, they had discovered the contraband that provided the basis for respondent‘s conviction for violating Maryland‘s Controlled Substances Act. The question presented is whether the seizure of that contraband was prohibited by the
The trial court denied respondent‘s motion to suppress the evidence seized from his apartment, App. 46, and the Mary-
There is no question that the warrant was valid and was supported by probable cause. Id., at 392, 494 A. 2d, at 196. The trial court found, and the two appellate courts did not dispute, that after making a reasonable investigation, including a verification of information obtained from a reliable informant, an exterior examination of the three-story building at 2036 Park Avenue, and an inquiry of the utility company, the оfficer who obtained the warrant reasonably concluded that there was only one apartment on the third floor and that it was occupied by McWebb. App. 41; 58 Md. App., at 433, 473 A. 2d, at 522; 303 Md., at 387-390, 494 A. 2d, at 194-195. When six Baltimore police officers executed the warrant, they fortuitously encountered McWebb in front of the building and used his key to gain admittance to the first-floor hallway and to the locked door at the top of the stairs to the third floor. As they entered the vestibule on the third floor, they encountered respondent, who was standing in the hallway area. The police could see into the interior of both McWebb‘s apartment to the left and respondent‘s to the right, for the doors to both were open. Only after respondent‘s apartment had been entered and heroin, cash, and drug paraphernalia had been found did any of the officers realize that the third floor contained two apartments. App. 41-46. As soon as they became aware of that fact, the search was discontinued. Id., at 32, 39. All of the officers reasonably believed that they were searching McWebb‘s apartment.2 No further search of respondent‘s apartment was made.
*Briefs of amici curiae urging reversal were filed for the State of California by John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, and Ronald E. Niver and Clifford K. Thompson, Jr., Deputy Attorneys General; and for Americans for Effective Law Enforcement, Inc., et al. by Fred E. Inbau, Wayne W. Schmidt, James P. Manak, David Crump, Daniel B. Hales, and Jack E. Yelverton.
The opinion of the Maryland Court of Appeals relies on Article 26 of the Maryland Declaration of Rights6 and Maryland cases as well as the
In our view, the casе presents two separate constitutional issues, one concerning the validity of the warrant and the other concerning the reasonableness of the manner in which it was executed. See Dalia v. United States, 441 U. S. 238, 258 (1979). We shall discuss the questions separately.
I
The Warrant Clause of the
In this case there is no claim that the “persons or things to be seized” were inadequately described or that there was no probable cause to believe that those things might be found in “the place to be searched” as it was described in the warrant. With the benefit of hindsight, however, we now know that the description of that place was broader than appropriate because it was based on the mistaken belief that there was only one apartment on the third floor of the building at 2036 Park Avenue. The question is whether that factual mistake invalidated a warrant that undoubtedly would have been valid if it had reflected а completely accurate understanding of the building‘s floor plan.
Plainly, if the officers had known, or even if they should have known, that there were two separate dwelling units on the third floor of 2036 Park Avenue, they would have been obligated to exclude respondent‘s apartment from the scope of the requested warrant. But we must judge the constitutionality of their conduct in light of the information available to them at the time they acted. Those items of evidence that emerge after the warrant is issued have no bearing on whether or not a warrant was validly issued.9 Just as the discovery of contraband cannot validate a warrant invalid when issued, so is it equally clear that the discovery of facts demonstrating that a valid warrant was unnecessarily broad does not retroactively invalidate the warrant. The validity of the warrant must be assessed on the basis of the information that the officers disclosed, or had a duty to discover and to disclose, to the issuing Magistrate.10 On the basis of that
information, we agree with the conclusion of all three Maryland courts that the warrant, insofar as it authorized a search that turned out to be ambiguous in scope, was valid when it issued.
II
The question whether the execution of the warrant violated respondent‘s constitutional right to be secure in his home is somewhat less clear. We have no difficulty concluding that the officers’ entry into the third-floor common area was legal; they carried a warrant for those premises, and they were accompanied by McWebb, who provided the key that they used to open the door giving access to the third-floor common area. If the officers had known, or should have known, that the third floor contained two apartments before they entered the living quarters on the third floor, and thus had been aware of the error in the warrant, they would have been obligated to limit their search to McWebb‘s apart-
In Hill v. California, 401 U. S. 797 (1971), we considered the validity of the arrest of a man named Miller based on the mistaken belief that he was Hill. The police had probable cause to arrest Hill and they in good faith believed that Miller was Hill when they found him in Hill‘s apartment. As we explained:
“The upshot was that the officers in good faith believed Miller was Hill and arrested him. They were quite wrong as it turned out, and subjective good-faith belief would not in itself justify either the arrest or the subsequent search. But sufficient probability, not certainty, is the touchstone of reasonableness under the
Fourth Amendment and on the record before us the officers’ mistake was understandable and the arrest a reasonable response to the situation facing them at the time.” Id., at 803-804.
While Hill involved an arrest without a warrant, its underlying rationale that an officer‘s reasonable misidentification
For that reason, the officers properly responded to the command contained in a valid warrant even if the warrant is interpreted as authorizing a search limited to McWebb‘s apartment rather than the entire third floor. Prior to the officers’ discovery of the factual mistake, they perceived McWebb‘s apartment and the third-floor premises as one and the same; therefore their execution of the warrant reasonably included the entire third floor.13 Under either interpretation of the warrant, the officers’ conduct was consistent with a reasonable effort to ascertain and identify the place intended to be searched within the meaning of the
The judgment of the Court of Appeals is reversed, and the case is remanded for further proceedings not inconsistent with this opinion.
It is so ordered.
JUSTICE BLACKMUN, with whom JUSTICE BRENNAN and JUSTICE MARSHALL join, dissenting.
Under this Court‘s precedents, the search of respondent Garrison‘s apartment violated the
I
The home always has received special protection in analysis under the
The Court has observed that, in dеtermining whether one has an interest protected by the
The
Applying the above principles to this case, I conclude that the search of respondent‘s apartment was improper. The words of the warrant were plain and distinctive: the warrant directed the officers to seize marijuana and drug paraphernalia on the person of McWebb and in McWebb‘s apartment, i. e., “on the premises known as 2036 Park Avenue third floor apartment.” App. 9. As the Court of Appeals observed, this warrant specifically authorized a search only of McWebb‘s—not respondent‘s—residence. 303 Md. 385, 392, 494 A. 2d 193, 196 (1985).1 In its interpretation of the war-
II
Because the Court cannot justify the officers’ search under the “exceptional circumstances” rubric, it analyzes the police conduct here in terms of “mistake.” According to the Court, hindsight makes it clear that the officers were mistaken, first, in not describing McWebb‘s apartment with greater specificity in the warrant, ante, at 85, and, second, in including respondent‘s apartment within the scope of the execution of the warrant, ante, at 86-87. The Court‘s inquiry focuses on what the officers knew or should have known at these particular junctures. The Court reasons that if, in light of the officers’ actual or imputed knowledge, their behavior was reasonable, then their mistakes did not constitute an infringement on respondent‘s
The majority relies upon Hill v. California, 401 U. S. 797 (1971), for its conclusion that “honest mistakes” in arrests or searches may obviate
Even if one accepts the majority‘s view that there is no
met in this case. To repeat Justice Harlan‘s observation, although the proper question in
the officers’ behavior here must be done with this context in mind.
The efforts of Detective Marcus, the officer who procured the search warrant, do not meet a standard of reasonableness, particularly considering that the detective knew the search concerned a unit in a multiple-occupancy building. See App. 34. Upon learning from his informant that McWebb was selling marijuana in his third-floor apartment, Marсus inspected the outside of the building. Id., at 35. He did not approach it, however, to gather information about the configuration of the apartments. Ibid. Had he done so, he would have discovered, as did another officer on the day of executing the warrant, id., at 13, that there were seven separate mailboxes and bells on the porch outside the main entrance to the house. Although there is some dispute over whether names were affixed near these boxes and bells, id., at 13-14; Suppression Hearing Tr. M2-96 to M2-97, their existence alone puts a reasonable observer on notice that the three-story structure (with, possibly, a basement) had seven individual units. The detective, therefore, should have been aware that further investigation was necessary to eliminate the possibility of more than one unit‘s being located on the third floor. Moreover, when Detective Marcus’ informant told him that he had purchased drugs in McWebb‘s apartment, App. 6, it appears that the detective never thought to ask the informant whether McWebb‘s apartment was the only one on the third floor. These efforts, which would have placed a slight burden upon the detective, are necessary in order to render reasonable the officer‘s behavior in seeking the warrant.6
Moreover, even if one believed that Marcus’ efforts in providing information for issuance of the warrant were reasonable, I doubt whether the officers’ execution of the warrant could meet such a standard. In the Court‘s view, the “objective facts” did not put the officers on notice that they were dealing with two separate apartments on the third floor until the moment, considerably into the search after they had rummaged through a dresser and a closet in respondent‘s apartment and had discovered evidence incriminating him, when they realized their “mistake.” Ante, at 80, 88-89. The Court appears to base its conclusion that the officers’ error here was reasonable on the fact that neither McWebb nor re-
In my view, however, the “objective facts” should have made the officers aware that there were two different apartments on the third floor well before they discovered the incriminating evidence in respondent‘s apartment. Before McWebb happened to drive up while the search party was preparing to execute the warrant, one of the officers, Detective Shea, somewhat disguised as a construction worker, was already on the porch of the row house and was seeking to gain access to the locked first-floor door that permitted entrance into the building. App. 13.7 From this vantage point he had time to observe the seven mailboxes and bells; indeed, he rang all seven bells, apparently in an effort to summon some resident to open the front door to the search party. Id., at 13, 15. A reasonable officer in Detective Shea‘s position, already aware that this was a multiunit building and now armed with further knowledge of the number of units in the structure, would have conducted at that time more investigation to specify the exact location of McWebb‘s apartment before proceeding further. For example, he might have questioned another resident of the building.
It is surprising, moreover, that the Court places so much emphasis on the failure of McWebb to volunteer information about the exact location of his apartment. When McWebb drove up, one of the police vehicles blocked his car and the officers surrounded him and his passenger as they got out. Suppression Hearing Tr. M2-15, M2-56, M2-130 to M2-131. Although the officers had no arrest warrant for McWebb, but only a search warrant for his person and apartment,8 and al-
Moreover, a reasonable officer would have realized the mistake in the warrant during the moments following the officers’ entrance to the third floor. The officers gained access to the vestibule separating MсWebb‘s and respondent‘s apartments through a locked door for which McWebb supplied the key. App. 17. There, in the open doorway to his apartment, they encountered respondent, clad in pajamas and wearing a half-body cast as a result of a recent spinal operation. Id., at 16; Suppression Hearing Tr. M2-104 to M2-105. Although the facts concerning what next occurred are somewhat in dispute, see id., at M2-108, M2-167, it appears that respondent, together with McWebb and the passenger from McWebb‘s car, were shepherded into McWebb‘s
Finally and most importantly, even if the officers had learned nothing from respondent, they should have realized the error in the warrant from their initial security sweep. Once on the third floor, the officers first fanned out through the rooms to conduct a preliminary check for other occupants who might pose a danger to them. Id., at M2-63, M2-74, M2-87, M2-167. As the map of the third floor demonstrates, see 303 Md., at 396, 494 A. 2d, at 199, the two apartments were almost a mirror image of each other—each had a bathroom, a kitchen, a living room, and a bedroom. Given the somewhat symmetrical layout of the apartments, it is difficult to imagine that, in the initial security sweep, a reasonable officer would not have discerned that two apartments were on the third floor, realized his mistake, and then confined the ensuing search to McWebb‘s residence.11
Accordingly, even if a reаsonable error on the part of police officers prevents a
I respectfully dissent.
