Hurd

I. Background and Prior Proceedings

Based on police investigations and surveillance, including at least three instances in which Adonis Latrell Hurd sold crack cocaine to undercover officers, Portland Police Officer Brad Clifton prepared a search warrant application and a sup- porting affidavit requesting a warrant to search Hurd, his vehicle, and his residence for evidence of drug trafficking. Officer Clifton selected a warrant form from the police department computer with which he was not familiar, and which, when filled in, contained three distinct paragraphs describing the person and places to be searched. The first paragraph described Hurd’s person, the second described his residence, and the third described his vehicle. Each of these paragraphs was preceded by a short blank line. Before going to a judge, Officer Clifton reviewed the warrant application and affidavit with a police supervisor and a deputy district UNITED STATES v. HURD 10511 attorney, both of whom agreed that the evidence justified a request to search Hurd, his vehicle, and his residence.

On September 9, 2005, at approximately 5:20 p.m., Officer Clifton presented the search warrant…