supporting affidavit. As was true in Sheppard, here, the same officers who sought and obtained the warrant, executed the warrant. Thus, this is not the case of an officer who was less familiar with or unfamiliar with the application stage. See 104 S. Ct. at 3429 n. 6.
Certainly these officers had less notice as to the possible defect in the warrant than the officers in Sheppard. In Sheppard, the officers' notice of the defect in warrant was weighed against the fact that they brought that matter to the attention of the issuing judge and he advised them that the warrant was valid. Here, there was no such obvious defect in the warrant so the fact that the officers did not discuss this problem with the issuing judge does not really distinguish this case from Sheppard. What is clear is the fact that they presented the necessary documents to the judge, and in addition thereto, the affidavit submitted in support of the federal warrant. When the judge authorized the search, these officers were free to rely upon that action and execute the warrant.
Nothing in the present record suggests that the officer sought the warrant in anything other than good faith. The affidavit, although not a model for establishing probable cause, was sufficient for that purpose, and there is no reason to believe that the officers thought otherwise. Based upon all of the above factors, the Court finds that the officers had "an objectively reasonable basis for [their] mistaken belief". 104 S. Ct. 3405. The Court concludes that the exclusionary rule should not be applied to the facts in this case.
The issue presented in this case, and cases like this one, present difficult questions and may possibly suggest to some that judges issuing search warrants may become less diligent simply because, if they are wrong, all the officers must do is to state that they had a reasonable belief that the search was authorized. Possibly, some may argue that all the officer need do is to "touch base" with the magistrate, and once the warrant is signed, rely on that action. No doubt, as we sail this uncharted sea, there will be many unseen shoals, but each case must be judged on its own facts. On the facts of this case, the Court concludes that the motion to suppress the New Jersey search warrant must be denied.
The defendant also seeks to suppress any evidence received as the result of the search warrant executed in the District of Nevada. The defendant contends that that warrant also violates the federal proscription against general warrants and that a reading of the affidavit as a whole does not establish a fair probability that contraband or evidence of crime would be found at the place where the warrant was directed under the facts stated in the affidavit. The Court finds that contention without merit.
The affidavit prepared in support of the warrant issued by the federal magistrate in Nevada consists of five pages detailing Detective Haggerty's investigation and referring to the seizure made on December 7, 1984, in New Jersey. Moreover, the warrant executed by the magistrate specifically describes the property to be seized including "concealed photographs, photo albums, evidence of travel, micro-cassettes, a brief case, address books, cash and jewelry, which are the fruits, instrumentalities and/or evidence of one or more violations of Title 18, United States Code, Sections 2421 and 2423, and Title 23, D.C. Code, Section 2705". Moreover, so much of the defendant's motion as seeks to suppress the Nevada warrant based upon the alleged defective New Jersey warrant, which is referred to in the application in support of the Nevada warrant, is without merit in view of this Court's ruling in Part IV, supra.
The Court finds no merit to the defendant's motion to suppress the Nevada warrant and accordingly, so much of the motion as is addressed to that warrant is denied.
An appropriate order has been issued.
Dated: September 30, 1985
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