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"Wrong But Reasonable": The Fourth Amendment Particularity Requirement After United States V. Leon, Martha Applebaum

Fordham Urban Law Journal

This Note analyzes the application of the good-faith exception to search warrant particularity violations under the Fourth Amendment. The question compelled by United States v. Leon and Massachusetts v. Sheppard is when, if ever, a particularity-defective warrant will sustain an officer's "reasonable reliance.'' The Note briefly discusses how "particularity" traditionally has been assessed under the fourth amendment. The author examines the Supreme Court's holding in Massachusetts v. Sheppard, and contrasts several circuit court cases that have applied Sheppard's "objectively reasonable" standard of good faith to warrants involving particularity defects. Finally, the Note concludes that the approach taken by the Second …