United States v. Fidelis Negbenebor

MEMORANDUM

1. An affidavit is deemed to be incorporated into a warrant “if (1) the warrant expressly incorporated the affidavit by reference and (2) the affidavit either is attached physically to the warrant or at least accompanies the warrant while agents execute the search.” United States v. SDI Future Health, Inc., 568 F.3d 684, 699 (9th Cir. 2009) (internal quotation marks omitted). If incorporated, “we evaluate the affidavit and the warrant as a whole, allowing the affidavit to cure any deficiencies in the naked warrant.” Id. (internal quotation marks omitted). Because the search warrant here referenced Attachment B, which described the property to be seized, and copies of Attachment B were present during the search, it follows that Attachment B was incorporated into the warrant.

2. Negbenebor claims that, even if incorporated into the warrant, Attachment B doesn’t cure the warrant’s deficiencies because it is overbroad. “[T]he level of detail necessary in a warrant is related to the particular circumstances and the nature of the evidence sought.” United States v. Adjani, 452 F.3d 1140, 1147 (9th Cir. 2006); see also United States v. Meek, 366 F.3d 705, 716 (9th Cir. 2004)…