United States v. Christopher A. Collins

Christopher Collins appeals his conviction of conspiracy to manufacture methamphetamine and manufacture of this substance. 21 U.S.C. §§ 841 (a)(1) and 846. We rule that evidence obtained from an unconstitutional search warrant should be suppressed and reverse his conviction.

FACTS

On May 24, 1986 Cereña Wong, a judge of the Municipal Court in Sebastopol, California, issued a warrant authorizing the search of 373 Springdale Street, Sebastopol, “more particularly described as a single story wood framed residence, white in color with a dark composition roof” and as “the last house on the east side of Spring-dale Street.” With Judge Wong’s oral approval, the police altered the warrant the same night to “300 Springdale Street” and to “the last house on the west side.”

At 2:00 A.M. on the morning of May 25 police executed the warrant. They entered and searched 300 Springdale Street. They found nothing. They then took into account that 300 Springdale was not the last house on the west side. That house is described by a witness as yellow-gold with green trim and a grey roof. The officers entered this property and found a shed containing a methamphetamine laboratory. Collins was…