U.S. v. Kelly

In prosecution on drug and firearm charges, Dist. Ct. did not err in denying defendant’s motion to suppress drugs and firearms seized from his apartment pursuant to search warrant, even though defendant argued that police exceeded scope of warrant when searching his apartment, where floor plan of apartment contained in warrant did not match actual floor plan of his apartment, and where police searched areas of instant apartment building that were not mentioned in warrant. Minor technical errors in description of premises to be searched will not invalidate warrant so long as there is no danger that police might search wrong place, and instant inaccurate description of plaintiff’s apartment as “upper unit” instead of two-story rear unit did not present such risk, where officer knew that defendant’s residence was only unit accessible from rear door of apartment building.