People v. Boose

This case presents question as to whether trial court properly granted defendant’s motion to quash search warrant and suppress evidence, where description of items listed in warrant pertained to investigation of drug offense, and where items actually seized related to murder investigation. Appellate Court, in affirming trial court, noted that although complaint for warrant and accompanying affidavit established probable cause to seize evidence of murder offense, description of items related to only drug investigation. Moreover, Ct. rejected State’s claim that inclusion of drug items in warrant was harmless scrivener’s error, since excising of drug investigation items would  have left police officials with only general search warrant that would have been unconstitutional under 4^th Amendment. Also, warrant did not otherwise incorporate information in complaint for warrant. (Dissent filed.)