maryland garrison argued november decided february baltimore police officers obtained executed warrant search person one mcwebb premises known park avenue third floor apartment controlled substances related paraphernalia police reasonably believed one apartment described premises fact third floor divided two apartments one occupied mcwebb one respondent officers became aware respondent apartment discovered contraband provided basis respondent conviction violating maryland controlled substances act trial denied respondent motion suppress evidence maryland special appeals affirmed maryland appeals reversed remanded new trial held basis information officers disclosed duty discover disclose issuing magistrate warrant insofar authorized search turned ambiguous scope valid issued validity warrant must judged light information available officers time obtained warrant discovery facts demonstrating valid warrant unnecessarily broad retroactively invalidate warrant pp execution warrant violate respondent rights fourth amendment validity search apartment pursuant warrant depends whether officers failure realize overbreadth warrant objectively understandable reasonable unquestionably objective facts available officers time suggested distinction mcwebb apartment premises whether premises described warrant interpreted entire third floor mcwebb apartment officers conduct consistent reasonable effort ascertain identify place intended searched within meaning fourth amendment pp stevens delivered opinion rehnquist white powell scalia joined blackmun filed dissenting opinion brennan marshall joined post stephen sachs attorney general maryland argued cause petitioner briefs deborah chasanow anne singleton assistant attorney general gerald kroop argued cause filed brief respondent briefs amici curiae urging reversal filed state california john van de kamp attorney general steve white chief assistant attorney general ronald niver clifford thompson deputy attorneys general americans effective law enforcement et al fred inbau wayne schmidt james manak david crump daniel hales jack yelverton justice stevens delivered opinion baltimore police officers obtained executed warrant search person lawrence mcwebb premises known park avenue third floor apartment police applied warrant conducted search pursuant warrant reasonably believed one apartment premises described warrant fact third floor divided two apartments one occupied mcwebb one respondent garrison officers executing warrant became aware separate apartment occupied respondent discovered contraband provided basis respondent conviction violating maryland controlled substances act question presented whether seizure contraband prohibited fourth amendment trial denied respondent motion suppress evidence seized apartment app maryland special appeals affirmed md app appeals maryland reversed remanded instructions remand case new trial md question warrant valid supported probable cause trial found two appellate courts dispute making reasonable investigation including verification information obtained reliable informant exterior examination building park avenue inquiry utility company officer obtained warrant reasonably concluded one apartment third floor occupied mcwebb app md six baltimore police officers executed warrant fortuitously encountered mcwebb front building used key gain admittance hallway locked door top stairs third floor entered vestibule third floor encountered respondent standing hallway area police see interior mcwebb apartment left respondent right doors open respondent apartment entered heroin cash drug paraphernalia found officers realize third floor contained two apartments app soon became aware fact search discontinued officers reasonably believed searching mcwebb apartment search respondent apartment made matter difference opinion concerns proper interpretation warrant literal reading plain language well language used application warrant indicates intended authorize search entire third floor construction adopted intermediate appellate see md also appears construction adopted trial judge see app one sentence trial judge oral opinion however lends support construction adopted appeals namely warrant authorized search mcwebb apartment interpretation appeals concluded warrant authorize search respondent apartment police justification making warrantless entry premises opinion maryland appeals relies article maryland declaration rights maryland cases well fourth amendment federal constitution federal cases rather containing plain statement decision rests upon adequate independent state grounds see michigan long opinion indicates maryland constitutional provision construed pari materia fourth amendment therefore jurisdiction result appeals reached appear required fourth amendment granted certiorari reverse view case presents two separate constitutional issues one concerning validity warrant concerning reasonableness manner executed see dalia shall discuss questions separately warrant clause fourth amendment categorically prohibits issuance warrant except one particularly describing place searched persons things seized manifest purpose particularity requirement prevent general searches limiting authorization search specific areas things probable cause search requirement ensures search carefully tailored justifications take character exploratory searches framers intended prohibit thus scope lawful search defined object search places probable cause believe may found probable cause believe stolen lawnmower may found garage support warrant search upstairs bedroom probable cause believe undocumented aliens transported van justify warrantless search suitcase ross case claim persons things seized inadequately described probable cause believe things might found place searched described warrant benefit hindsight however know description place broader appropriate based mistaken belief one apartment third floor building park avenue question whether factual mistake invalidated warrant undoubtedly valid reflected completely accurate understanding building floor plan plainly officers known even known two separate dwelling units third floor park avenue obligated exclude respondent apartment scope requested warrant must judge constitutionality conduct light information available time acted items evidence emerge warrant issued bearing whether warrant validly issued discovery contraband validate warrant invalid issued equally clear discovery facts demonstrating valid warrant unnecessarily broad retroactively invalidate warrant validity warrant must assessed basis information officers disclosed duty discover disclose issuing magistrate basis information agree conclusion three maryland courts warrant insofar authorized search turned ambiguous scope valid issued ii question whether execution warrant violated respondent constitutional right secure home somewhat less clear difficulty concluding officers entry common area legal carried warrant premises accompanied mcwebb provided key used open door giving access common area officers known known third floor contained two apartments entered living quarters third floor thus aware error warrant obligated limit search mcwebb apartment moreover officers recognized required discontinue search respondent apartment soon discovered two separate units third floor therefore put notice risk might unit erroneously included within terms warrant officers conduct limits search based information available search proceeded purposes justifying police search strictly limit permissible extent search also recognized need allow latitude honest mistakes made officers dangerous difficult process making arrests executing search warrants hill california considered validity arrest man named miller based mistaken belief hill police probable cause arrest hill good faith believed miller hill found hill apartment explained upshot officers good faith believed miller hill arrested quite wrong turned subjective belief justify either arrest subsequent search sufficient probability certainty touchstone reasonableness fourth amendment record us officers mistake understandable arrest reasonable response situation facing time reason officers properly responded command contained valid warrant even warrant interpreted authorizing search limited mcwebb apartment rather entire third floor prior officers discovery factual mistake perceived mcwebb apartment premises one therefore execution warrant reasonably included entire third floor either interpretation warrant officers conduct consistent reasonable effort ascertain identify place intended searched within meaning fourth amendment cf steele judgment appeals reversed case remanded proceedings inconsistent opinion ordered footnotes search progress officer respondent apartment answered telephone caller asked red cross name mcwebb known confidential informant neither respondent mcwebb indicated police search two apartments warrant affidavit made detective albert marcus baltimore police department narcotic unit reason believe person lawrence meril mcwebb premises known park avenue third floor apartment described three story brick dwelling numerals affixed front city baltimore concealed certain property therefor commanded necessary proper assistants search forthwith hereinabove described property specified executing warrant making search immediately ruling suppression motions made mcwebb garrison observed search two apartments building must supported probable cause searching apartment added exception general rule multiple unit character premises externally apparent known officer applying executing warrant trial ruled clear warrant specified premises searched third floor apartment defendant mcwebb statement makes sense rejection garrison claim warrant general warrant specify apartment searched third floor recognition search invalid lack specificity warrant premises searched interpret trial statement ruling search subunit building referred third floor apartment defendant mcwebb authorized warrant found precise facts case search garrison apartment valid officers know one apartment third floor nothing alerted fact search made items seized contrary construction adopted appeals fails take account plain language warrant authorized search person mcwebb premises park avenue third floor appeals explained undisputed police authorized search one apartment mcwebb warrant authorize search garrison apartment question validity search warrant argument made exceptions warrant requirement applied clear therefore police authority cross threshold garrison apartment seize evidence police warrant search mcwebb apartment warrant search garrison justification entering premises regardless appearances md article maryland declaration rights provides warrants without oath affirmation search suspected places seize person property grevious grievous oppressive general warrants search suspected places apprehend suspected persons without naming describing place person special illegal granted statement indicates state decision fairly appears rest primarily federal law interwoven federal law michigan long see andresen maryland stanley georgia stewart concurring result stanford texas importing marron cf jacobsen warrantless test white powder reasonableness official invasion citizen privacy must appraised basis facts existed time invasion occurred arguments certainly made police case able ascertain one apartment third floor building contained seven separate dwelling units surely possible two might third floor record also establishes officer marcus made specific inquiries determine identity occupants premises officer went park avenue found matched description given informant brick dwelling numerals affixed front premises app officer made check baltimore gas electric company discovered premises park third floor name lawrence mcwebb ibid officer marcus testified suppression hearing inquired baltimore gas electric company whose name third floor apartment listed asked front rear middle room told one third floor listed lawrence mcwebb officer also discovered check baltimore police department police records lawrence mcwebb matched address physical description given informant maryland courts presumptively familiar local conditions unanimous concluding officer reasonably believed mcwebb tenant floor evidence supports conclusion accept conclusion purpose decision many situations confront officers course executing duties less ambiguous room must allowed mistakes part mistakes must reasonable men acting facts leading sensibly conclusions probability brinegar nothing mcwebb said detained outside park avenue suggested police two apartments third floor mcwebb provided key opened doors first floor third floor police reasonably believed mcwebb admitting undivided apartment third floor officers entered foyer third floor neither mcwebb garrison informed lived separate apartments app expressly distinguish facts case situation police know two apartments certain floor building probable cause believe drugs sold floor know two apartments illegal transactions taking place search pursuant warrant authorizing search entire floor circumstances present quite different issues ones us case respondent argued execution warrant violated fourth amendment moment officers walked threshold house tr oral arg another point respondent argued search illegal point police went garrison apartment without probable cause apartment purpose addressing respondent argument exact point asserts search became illegal essential whether illegal threshold viewed beginning entire premises beginning premises upon closer examination turn excluded intended scope warrant accept respondent argument brand illegal execution warrant due mistake fact premises intended searched vary description warrant yet case mistake fact invalidate warrant precisely police know mistake fact apply receive prepare execute warrant police reasonably know prior search warrant rests mistake fact police begin execute warrant set foot upon described premises discover factual mistake must reasonably limit search accordingly respondent proposes police conduct preliminary survey premises whenever search building multiple dwelling units order determine extent premises searched find persuasive reason impose burden bedrock requirement exceptions traced cases police may conduct searches pursuant reasonably detailed warrant justice blackmun justice brennan justice marshall join dissenting precedents search respondent garrison apartment violated fourth amendment executing warrant specifically limited mcwebb residence officers expanded search include respondent adjacent apartment expansion made without warrant absence exigent circumstances view maryland highest correctly concluded trial judge granted respondent motion suppress evidence seized result warrantless search apartment moreover even accept majority analysis case one involving mistake part police officers find officers error either obtaining executing warrant reasonable circumstances home always received special protection analysis fourth amendment protects right people secure persons houses papers effects unreasonable searches seizures emphasis added see silverman core fourth amendment stands right man retreat home free unreasonable governmental intrusion fourth amendment fact direct response colonists objection searches homes general warrants without warrants see chimel california harris frankfurter dissenting today society protection amendment course extended equivalent traditional house apartment see ker california observed determining whether one interest protected fourth amendment appropriate limit analysis place question fourth amendment protects people simply areas katz articulated justice harlan katz concurrence proper test amendment whether person exhibited actual subjective expectation privacy society prepared recognize reasonable justice harlan noted however answer question concerning protection fourth amendment gave particular person always requires reference place ibid view home meet test virtually situations man home stated purposes place expects privacy ibid home thus continued occupy special role fourth amendment analysis era see payton new york physical entry home chief evil wording fourth amendment directed quoting district karo searches seizures inside home without warrant presumptively unreasonable absent exigent circumstances california carney stevens dissenting places mobile homes may spartan humble cottage compared majestic mansion highest legitimate expectations privacy associated temporary abodes command respect see also steagald coolidge new hampshire fourth amendment also warrants shall issue upon probable cause supported oath affirmation particularly describing place searched persons things seized emphasis added requirement satisfied description officer search warrant reasonable effort ascertain identify place intended steele applying requirement searches aimed residences within multiunit buildings search present case courts declared invalid warrants fail describe targeted unit enough specificity prevent search units see higgins votteller courts used different criteria determine whether warrant identified unit sufficient particularity see bedford name occupant apartment cert denied haynes state tex crim app directions reach particular room see generally lafave search seizure crais sufficiency description apartment room searched structure supp applying principles case conclude search respondent apartment improper words warrant plain distinctive warrant directed officers seize marijuana drug paraphernalia person mcwebb mcwebb apartment premises known park avenue third floor apartment app appeals observed warrant specifically authorized search mcwebb respondent residence md interpretation warrant majority suggests language document well supporting affidavit permitted search entire third floor ante escapes language question third floor apartment used reference single unit building context one person residence plainly meaning majority discerns rather apparent indeed obvious signification one apartment located third floor accordingly appears case warrant limited description apartment mcwebb search additional apartment respondent warrantless presumed unreasonable absence one number well defined exigent circumstances coolidge new hampshire state advanced exception warrant requirement evidence obtained result search excluded ii justify officers search exceptional circumstances rubric analyzes police conduct terms mistake according hindsight makes clear officers mistaken first describing mcwebb apartment greater specificity warrant ante second including respondent apartment within scope execution warrant ante inquiry focuses officers knew known particular junctures reasons light officers actual imputed knowledge behavior reasonable mistakes constitute infringement respondent fourth amendment rights case finds fourth amendment violation officers reasonably drawn warrant greater particularity moment officers realized fact searching two different apartments reason believe mcwebb residence cover entire third floor majority relies upon hill california conclusion honest mistakes arrests searches may obviate fourth amendment problems ante doubtful whether hill carries precedential weight majority ascribe decided chimel california involving incident hill presented situation officers probable cause warrant arrest hill went hill apartment found miller instead mistook miller hill despite former protestations contrary conducted search hill apartment produced substantial evidence later used convict hill robbery deciding neither arrest ensuing search constituted fourth amendment violation entertaining challenge made hill however faced fourth amendment claim brought respondent whose position comparable miller may make sense excuse reasonable mistake police produces evidence intended target investigation warrant officers probable cause arresting individual searching residence similar reasoning apply respect one probable cause singled victim officers error see brinegar standards probable cause seek safeguard citizens rash unreasonable interferences privacy unfounded charges crime cf ybarra illinois person mere propinquity others independently suspected criminal activity without give rise probable cause search person requirement probable cause undercut avoided simply pointing fact coincidentally exists probable cause search seize another search premises person may happen even one accepts majority view fourth amendment violation officers mistake reasonable questionable whether standard met case repeat justice harlan observation although proper question fourth amendment analysis protection affords people question requires reference place katz concurring opinion place issue small building forms habitation common country particularly neighborhoods changing populations declining affluence accordingly analysis reasonableness officers behavior must done context mind efforts detective marcus officer procured search warrant meet standard reasonableness particularly considering detective knew search concerned unit building see app upon learning informant mcwebb selling marijuana apartment marcus inspected outside building approach however gather information configuration apartments ibid done discovered another officer day executing warrant seven separate mailboxes bells porch outside main entrance house although dispute whether names affixed near boxes bells suppression hearing tr existence alone puts reasonable observer notice structure possibly basement seven individual units detective therefore aware investigation necessary eliminate possibility one unit located third floor moreover detective marcus informant told purchased drugs mcwebb apartment app appears detective never thought ask informant whether mcwebb apartment one third floor efforts placed slight burden upon detective necessary order render reasonable officer behavior seeking warrant moreover even one believed marcus efforts providing information issuance warrant reasonable doubt whether officers execution warrant meet standard view objective facts put officers notice dealing two separate apartments third floor moment considerably search rummaged dresser closet respondent apartment discovered evidence incriminating realized mistake ante appears base conclusion officers error reasonable fact neither mcwebb respondent ever told officers search lived separate apartments see ante view however objective facts made officers aware two different apartments third floor well discovered incriminating evidence respondent apartment mcwebb happened drive search party preparing execute warrant one officers detective shea somewhat disguised construction worker already porch row house seeking gain access locked door permitted entrance building app vantage point time observe seven mailboxes bells indeed rang seven bells apparently effort summon resident open front door search party reasonable officer detective shea position already aware multiunit building armed knowledge number units structure conducted time investigation specify exact location mcwebb apartment proceeding example might questioned another resident building surprising moreover places much emphasis failure mcwebb volunteer information exact location apartment mcwebb drove one police vehicles blocked car officers surrounded passenger got suppression hearing tr although officers arrest warrant mcwebb search warrant person apartment although though testified arrest time clear neither mcwebb passenger free leave see app suppression hearing tr circumstances strongly suggest mcwebb already custody proper officers administer warnings pursuant miranda arizona reasonable officers aware problem detective shea discovery specificity warrant ask mcwebb whether apartment one third floor officers made several requests questioned mcwebb without giving miranda warnings yet failed ask question obvious circumstances concerning exact location apartment suppression hearing tr moreover reasonable officer realized mistake warrant moments following officers entrance third floor officers gained access vestibule separating mcwebb respondent apartments locked door mcwebb supplied key app open doorway apartment encountered respondent clad pajamas wearing cast result recent spinal operation suppression hearing tr although facts concerning next occurred somewhat dispute see appears respondent together mcwebb passenger mcwebb car shepherded mcwebb apartment across vestibule officers curiously silent informant led officers believe anyone mcwebb lived apartment search party mcwebb person targeted search warrant custody gained access vestibule yet met respondent third floor simply asked never lived done likely discovered mistake warrant began search finally importantly even officers learned nothing respondent realized error warrant initial security sweep third floor officers first fanned rooms conduct preliminary check occupants might pose danger map third floor demonstrates see two apartments almost mirror image bathroom kitchen living room bedroom given somewhat symmetrical layout apartments difficult imagine initial security sweep reasonable officer discerned two apartments third floor realized mistake confined ensuing search mcwebb residence accordingly even reasonable error part police officers prevents fourth amendment violation mistakes respect obtaining executing warrant reasonable easily avoided respectfully dissent reaching conclusion appeals relied upon statement trial judge pursuant warrant third floor apartment defendant mcwebb searched app majority contends reliance unjustified making statement trial judge nothing rejecting respondent contention warrant general ante fail see interpretation appeals inconsistent majority understanding statement trial judge rejecting respondent argument general warrant observing warrant limited single apartment mcwebb view trial judge remark contradict observation procuring executing warrant officers know apartments third floor app lack knowledge officers necessarily imply believed mcwebb apartment occupied entire third floor also suggest beyond knowing location mcwebb apartment unaware configuration remaining apartments building ibid language supporting affidavit similarly suggests apartment question one located necessarily occupying entirely third floor mentioned meeting informant informant stated knew subject name red cross selling marihuana apartment located park third floor officers confused residence respondent encountered vestibule see sketch reproduced might justified detaining temporarily occupant mcwebb apartment see michigan summers tr oral arg officers asserted upon entering vestibule observed marijuana lying upon dresser respondent bedroom door respondent apartment open app although entirely clear drug seized immediately plain view exception warrant requirement depend upon whether officers access object prior fourth amendment justification illinois andreas officers probably probable cause obtain search warrant conceivably impounded respondent apartment seeking warrant see segura nothing however justified search respondent apartment officers engaged lower cases deal exception requirement warrant may support standard reasonable mistake courts recognized exception applies outward appearances building appears structure contains reality several units officers executing warrant discovered character despite reasonable efforts see davis cert denied lafave search seizure pp appears ruling upon propriety search trial judge case exception mind see app uncertain however whether exception apply officers may know many apartments particular floor realize building multiunit officers aware structure houses residences besides target apartment notice must make investigation adequate draw warrant sufficient specificity means must clearly distinguish target unit others order avoid infringing upon fourth amendment rights occupants building put another way exception apply officers drawing search warrant unit building put demanding standard reasonableness justify mistake required rely reasonable failure recognize multiunit nature structure entirely clear record sort building issue although respondent suggests home converted apartment house see tr oral arg brief respondent noted senator proxmire estimated million rental units buildings containing units may percent population approximately million units central cities metropolitan areas units home large number lower income families disproportionate number minority families hearing multifamily housing rehabilitation subcommittee housing urban affairs senate committee banking housing urban affairs majority makes much fact detective marcus checked baltimore gas electric company order verify mcwebb residence appeared informed one apartment third floor ante appear course search officers discovered separate electric bills mcwebb respondent apartments app information marcus received erroneous given structure issue detective inquiry gas company relieved obligation pursue less burdensome steps identify accurately apartment searched dispense investigation inquiries directed utility companies building owner telephone company see davis efforts providing affidavit justifying search warrant deemed adequate officers checked utilities respondent telephone apartment app another fact discovered course search brief check telephone company informed detective apartment third floor entirely clear moreover detective marcus applied warrant believed one apartment third floor affidavit issuing magistrate detective explained observations apartment conducted due fact impossible tell apartment individuals enter statement appears reference possibly telescopic observations mcwebb apartment informant purchased drugs mcwebb detective believed mcwebb occupied entire third floor structure remark makes sense state suggests efforts detective marcus may alerted mcwebb interest investigating officer thus might resulted destruction evidence reply brief petitioner difficult understand discretely conducted investigation feared adverse effect unclear record whether time mcwebb arrival detective already managed break front door app warrant permitted officers arrest persons found mcwebb apartment engaged commission crime app specifically direct officers arrest mcwebb officers confronted mcwebb street however believed warrant arrest suppression hearing tr mcwebb course refused answer question given officers custody pursued avenues discovering exact location apartment without immediate fear destruction evidence seen marijuana located upon respondent dresser initial security sweep officers secured apartment seeking search warrant see supra