United States v. Wayde Lynn Kurt

We must decide whether an officer’s alteration of the address on a search warrant, made while not under oath but at the direction of a judge, violates the Fourth Amendment. We hold that the good faith exception applies and the search was valid. Because we also reject the two other issues Kurt raises on appeal, we affirm his conviction for counterfeiting, 18 U.S.C. § 471 (1988), and possession of counterfeiting paraphernalia, 18 U.S.C. § 474 .

I

This case emanated from a murder investigation by the Snohomish County Sheriff’s Department. Officers obtained from Superior Court Judge Rutter a warrant to search for a murder weapon at Kurt’s residence. When the officers, accompanied by local police and a federal agent, arrived at the address on the warrant, they found it to be the address of Kurt’s parents. The parents gave them the correct address. The search warrant affiant, Detective Bart, then telephoned the dispatcher in an effort to change the warrant to state Kurt’s correct address. Unable to reach Judge Rutter, Bart instead spoke with another Snohomish County superior court judge. During their telephone conversation, that judge authorized the change to the warrant without…