Wallace Taylor Rutherford, Jr. v. Hoyt C. Cupp

Appellant, a state prisoner, appeals from a denial of his petition for a writ of habeas corpus. His principal contention is that his conviction for possession of marijuana was based in part upon evidence seized in violation of the Fourth Amendment. We disagree.

The search warrant authorized a search of the “premises and residence, if any, located at 37 West Lowell Street,” for marijuana plants. According to Rutherford, the warrant was invalidly drawn because it failed to describe with particularity the place to be searched. Although the description in the warrant may seem imprecise, a warrant is valid as long as the officer executing it can with reasonable effort ascertain and identify the place to be searched. Steele v. United States, 267 U.S. 498, 503 , 45 S.Ct. 414 , 69 L.Ed. 757 (1925); United States v. Melancon, 462 F.2d 82, 93-94 (5th Cir.), cert. denied 409 U.S. 1038 , 93 S.Ct. 516 , 34 L.Ed.2d 487 (1972). In this case, where the yard searched and the house located at 37 West Lowell St. were within a single fenced enclosure, the warrant’s reference to “premises” was sufficient to draw the officer’s attention to the yard. Cf. United States ex rel. Saiken v.…