groh ramirez et argued november decided february petitioner bureau alcohol tobacco firearms agent prepared signed application warrant search respondents montana ranch stated search specified weapons explosives records application supported petitioner detailed affidavit setting forth basis believing items ranch accompanied warrant form completed magistrate judge magistrate signed warrant form even though identify items petitioner intended seize portion calling description person property described respondents house alleged weapons warrant incorporate reference application itemized list petitioner led federal local law enforcement officers ranch next day found illegal weapons explosives petitioner left copy warrant application respondents respondents sued petitioner others bivens six unknown fed narcotics agents claiming inter alia fourth amendment violation district granted defendants summary judgment finding fourth amendment violation finding even violation occurred defendants entitled qualified immunity ninth circuit affirmed except fourth amendment claim petitioner holding warrant invalid describe particularity place searched items seized also concluded leon precluded qualified immunity petitioner leader search read warrant satisfy understood scope limitations obviously defective held search clearly unreasonable fourth amendment pp warrant plainly invalid meet fourth amendment unambiguous requirement warrant particularly describ persons things seized fact application adequately described things save warrant fourth amendment interests necessarily vindicated another document says something objects search document contents neither known person whose home searched available inspection necessary decide whether amendment permits warrant documents incorporation occur pp petitioner argument search nonetheless reasonable rejected warrant describe items obviously deficient search must regarded warrantless thus presumptively unreasonable presumptive rule applies searches whose defect lack particularity warrant petitioner errs arguing searches exempt presumption otherwise satisfy particularity requirement goals unless items affidavit set forth warrant written assurance magistrate actually found probable cause search broad affiant requested restraint petitioner showed conducting instant search imposed agent judicial officer moreover particularity requirement purpose limited preventing general searches also assures individual whose property searched seized executing officer legal authority need search limits power case presents occasion reach petitioner argument particularity requirements goals served orally described items respondents respondents dispute account pp petitioner entitled qualified immunity despite constitutional violation clear reasonable officer conduct unlawful situation confronted saucier katz given particularity requirement stated constitution text reasonable officer believe warrant comply requirement valid moreover petitioner prepared warrant may argue reasonably relied magistrate assurance contained adequate description valid reasonable officer claim unaware basic rule absent consent exigency warrantless search home presumptively unconstitutional warrant may facially deficient executing officers reasonably presume valid leon case pp affirmed stevens delivered opinion souter ginsburg breyer joined kennedy filed dissenting opinion rehnquist joined thomas filed dissenting opinion scalia joined rehnquist joined part iii jeff groh petitioner joseph ramirez et al writ certiorari appeals ninth circuit february justice stevens delivered opinion petitioner conducted search respondents home pursuant warrant failed describe persons things seized amdt questions presented whether search violated fourth amendment whether petitioner nevertheless entitled qualified immunity given magistrate judge magistrate relying affidavit particularly described items question found probable cause conduct search respondents joseph ramirez members family live large ranch bow county montana petitioner jeff groh special agent bureau alcohol tobacco firearms atf since february concerned citizen informed petitioner number visits respondents ranch visitor seen large stock weaponry including automatic rifle grenades grenade launcher rocket based information petitioner prepared signed application warrant search ranch application stated search automatic firearms parts automatic weapons destructive devices include limited grenades grenade launchers rocket launchers receipts pertaining purchase manufacture automatic weapons explosive devices launchers app pet cert petitioner supported application detailed affidavit also prepared executed set forth basis belief listed items concealed ranch petitioner presented documents magistrate along warrant form petitioner also completed magistrate signed warrant form although application particularly described place searched contraband petitioner expected find warrant less specific failed identify items petitioner intended seize portion form called description person property seized petitioner typed description respondents blue house rather alleged stockpile warrant incorporate reference itemized list contained application however recite magistrate satisfied affidavit established probable cause believe contraband concealed premises sufficient grounds existed warrant day magistrate issued warrant petitioner led team law enforcement officers including federal agents members local sheriff department search respondents premises although respondent joseph ramirez home wife children petitioner orally described objects search ramirez person ramirez telephone according ramirez however petitioner explained searching explosive device box ramirez bow county rate officers search uncovered illegal weapons explosives officers left petitioner gave ramirez copy search warrant copy application sealed following day response request respondents attorney petitioner faxed attorney copy page application listed items seized charges filed ramirezes respondents sued petitioner officers bivens six unknown fed narcotics agents rev stat raising eight claims including violation fourth amendment app district entered summary judgment defendants found fourth amendment violation considered case comparable one warrant contained inaccurate address case reasoned warrant sufficiently detailed executing officers locate correct house app pet cert added even constitutional violation occurred defendants entitled qualified immunity failure warrant describe objects search amounted mere typographical error appeals affirmed judgment respect defendants claims exception respondents fourth amendment claim petitioner claim held warrant invalid describe particularity place searched items seized oral statements petitioner search cure omission observed warrant facial defect increased likelihood degree confrontation ramirezes police deprived respondents means challenge officers might exceeded limits imposed magistrate also expressed concern permitting officers expand scope warrant oral statements broaden area dispute parties subsequent litigation ibid nevertheless concluded officers except petitioner protected qualified immunity respect petitioner read opinion leon precluding qualified immunity leader search fails read warrant satisfy understand scope limitations defective obvious way added leaders search team must also make sure copy warrant available give person whose property searched commencement search copy missing pages obvious defects ibid omitted granted certiorari ii warrant plainly invalid fourth amendment unambiguously warrants shall issue upon probable cause supported oath affirmation particularly describing place searched persons things seized emphasis added warrant case complied first three requirements based probable cause supported sworn affidavit described particularly place search fourth requirement however warrant failed altogether indeed petitioner concedes warrant deficient particularity provided description type evidence sought brief petitioner fact application adequately described things seized save warrant facial invalidity fourth amendment terms requires particularity warrant supporting documents see massachusetts sheppard warrant fails conform particularity requirement fourth amendment unconstitutional see also stefonek fourth amendment requires warrant particularly describe things seized papers presented judicial officer asked issue warrant good reason presence search warrant serves high function mcdonald high function necessarily vindicated document somewhere says something objects search contents document neither known person whose home searched available inspection say fourth amendment forbids warrant documents indeed courts appeals held may construe warrant reference supporting application affidavit warrant uses appropriate words incorporation supporting document accompanies warrant see mcgrew williamson blakeney maxwell cadc curry roche case warrant incorporate documents reference either affidavit application placed seal accompany warrant hence need explore matter incorporation petitioner argues even though warrant invalid search nevertheless reasonable within meaning fourth amendment notes magistrate authorized search basis adequate evidence probable cause petitioner orally described respondents items seized search exceed limits intended magistrate described petitioner thus petitioner maintains search respondents ranch functionally equivalent search authorized valid warrant disagree warrant simply omit items list many seized misdescribe several items make fairly characterized mere technical mistake typographical error rather space set aside description items seized warrant stated items consisted single dwelling residence blue color words warrant describe items seized respect warrant obviously deficient must regard search warrantless within meaning case law see leon steele dealing formalities mcdonald quoting silverman cases firmly established principle fourth amendment law searches seizures inside home without warrant presumptively unreasonable payton new york omitted thus absent exigent circumstances warrantless entry search weapons contraband unconstitutional even felony committed probable cause believe incriminating evidence found within omitted see kyllo chimel california mcdonald clearly stated presumptive rule warrantless searches applies equal force searches whose defect lack particularity warrant sheppard instance petitioner argued even though warrant invalid lack particularity search constitutional reasonable within meaning fourth amendment squarely rejecting position explained uniformly applied rule search conducted pursuant warrant fails conform particularity requirement fourth amendment unconstitutional stanford texas cardwell crozier klein gardner marti rule keeping principle certain carefully defined classes cases search private property without proper consent unreasonable unless authorized valid search warrant camara municipal see steagald jones ibid petitioner asks us hold search conducted pursuant warrant lacking particularity exempt presumption unreasonableness goals served particularity requirement otherwise satisfied maintains search case satisfied goals says prevent general searches prevent seizure one thing warrant describing another prevent warrants issued vague dubious information brief petitioner scope search exceed limits set forth application unless particular items described affidavit also set forth warrant least incorporated reference affidavit present search written assurance magistrate actually found probable cause search seize every item mentioned affidavit see mcdonald conceivably magistrate might believed weapons mentioned affidavit lawfully possessed therefore seized see requiring registration banning possession certain firearms mere fact magistrate issued warrant necessarily establish agreed scope search broad affiant request even though petitioner acted restraint conducting search inescapable fact restraint imposed agents judicial officer katz long held moreover purpose particularity requirement limited prevention general searches see garrison citing camara municipal city county san francisco abrogated grounds california acevedo see also illinois gates ossession warrant officers conducting arrest search greatly reduces perception unlawful intrusive police conduct petitioner argues even goals particularity requirement broader acknowledges goals nevertheless served orally described respondents items searching thus submits respondents notice proper warrant accorded case presents occasion even reach argument since respondents noted dispute petitioner account according ramirez petitioner stated looking device box dispute us petitioner motion summary judgment app pet cert evidence nonmovant believed justifiable inferences drawn favor anderson liberty lobby citation omitted posture case therefore obliges us credit ramirez account find petitioner description explosive device little better guidance see stefonek holding search warrant description described general warrant incumbent officer executing search warrant ensure search lawfully authorized lawfully petitioner possession warrant particularly describing things intended seize proceeding search clearly unreasonable fourth amendment appeals correctly held search unconstitutional iii concluded constitutional violation occurred turn question whether petitioner entitled qualified immunity despite violation see wilson layne answer depends whether right transgressed whether clear reasonable officer conduct unlawful situation confronted saucier katz given particularity requirement set forth text constitution reasonable officer believe warrant plainly comply requirement valid see harlow fitzgerald law clearly established immunity defense ordinarily fail since reasonably competent public official know law governing conduct moreover petitioner prepared invalid warrant may argue reasonably relied magistrate assurance warrant contained adequate description things seized therefore valid cf sheppard fact guidelines petitioner department placed notice might liable executing manifestly invalid warrant atf directive force time search warned special agents liable exceed authority executing search warrant must sure search warrant sufficient face even issued magistrate searches examinations atf order see also error deficiency discovered reasonable probability invalidate warrant warrant shall executed search shall postponed satisfactory warrant obtained even cursory reading warrant case perhaps simple glance revealed glaring deficiency reasonable police officer known constitutionally fatal reasonable officer claim unaware basic rule well established cases absent consent exigency warrantless search home presumptively unconstitutional see payton indeed noted nearly years ago sheppard uniformly applied rule search conducted pursuant warrant fails conform particularity requirement fourth amendment unconstitutional word cases suggest reasonable officer case fits within exception fundamental tenet petitioner asking us effect craft new exception absent support exception cases reasonably relied expectation petitioner contends search case product worst lack due care case law requires negligent behavior depriving official qualified immunity see malley briggs observed companion case sheppard warrant may facially deficient failing particularize place searched things seized executing officers reasonably presume valid leon accordingly judgment appeals affirmed ordered jeff groh petitioner joseph ramirez et al writ certiorari appeals ninth circuit february justice kennedy chief justice joins dissenting agree fourth amendment violated case fourth amendment warrants shall issue upon probable cause supported oath affirmation particularly describing place searched persons things seized warrant issued case particularly describe things seized comply fourth amendment disagree whether officer obtained warrant led search team entitled qualified immunity role search view officer receive qualified immunity officer conducting search entitled qualified immunity reasonable officer believed search lawful light clearly established law information searching officers possessed anderson creighton notes objective reasonableness standard applied good faith exception exclusionary rule see ante citing malley briggs central question whether someone officer position reasonably mistakenly conclude conduct complied fourth amendment creighton supra see also saucier katz hunter bryant per curiam officer might reach mistaken conclusion several reasons may unaware existing law applied see saucier supra alternatively may misunderstand important facts search assess legality conduct based misunderstanding see arizona evans finally officer may misunderstand elements facts law see creighton supra qualified immunity doctrine applies regardless whether officer error mistake law mistake fact mistake based mixed questions law fact butz economou noting qualified immunity covers mere mistakes judgment whether mistake one fact one law present case involves straightforward mistake fact although acknowledge directly obvious record officer simply made clerical error filled proposed warrant offered magistrate judge officer used proper description property seized completed affidavit also used proper description accompanying application typed description third time proposed warrant however officer accidentally entered description place searched part warrant form called description property seized one noticed error search executed although record entirely clear point mistake apparently remained undiscovered day search respondents attorney reviewed warrant defects officer unaware mistake rely way uncontested officer trained search team executed warrant based mistaken belief warrant contained proper description items seized question whether officer mistaken belief warrant contained proper language reasonable belief view law enforcement officer charged leading team execute search warrant illegal weapons must fulfill number serious responsibilities officer must establish probable cause believe crime committed evidence likely found place searched must articulate specific items seized specific place searched must obtain warrant magistrate judge must instruct search team execute warrant within time allowed warrant officer must also oversee execution warrant way protects officer safety directs thorough professional search evidence avoids unnecessary destruction property difficult important tasks demand officer full attention heat ongoing often dangerous criminal investigation officer complies fully duties excused aware made clerical error course filling proposed warrant see maryland garrison recognizing need allow latitude honest mistakes made officers dangerous difficult process making arrests executing search warrants officer drafts affidavit types application proposed warrant obtains judge approval naturally assumes filled warrant form correctly even officer checks warrant may well miss mistake tend toward myopia looking errors every lawyer every judge recite examples documents wrote checked doublechecked still contained glaring errors law enforcement officers different better officer recognizes error course better still make mistake first place context otherwise proper search however officer failure recognize clerical error warrant form reasonable mistake reaches different result construing officer error mistake law rather mistake fact according officer receive qualified immunity reasonable officer believe warrant plainly comply particularity requirement valid ante majority surely right reasonable officer must know defective warrant invalid much obvious tautological also irrelevant essential question whether reasonable officer petitioner position necessarily know warrant clerical error first place issue case whether officer reasonably fail recognize clerical error whether officer recognizes clerical error reasonably conclude defective warrant legally valid gives little attention important difficult question receives two sentences end opinion first sentence quotes dictum leon effect warrant may facially deficient failing particularize place searched things seized executing officers reasonably presume valid ante second sentence informs us without explanation case ante reasoning convincing understand passage leon relies upon helps recognize challenges defective search warrants arise officers rely defect conduct search occurred target improper search brings civil action challenging improper search charges filed moves suppress fruits search inquiry instances whether officers reliance defect reasonable see garrison supra apartment wrongly searched searching officers realize two apartments third floor obtained warrant search entire floor arizona evans person wrongly arrested searched employee clerical error led officer believe warrant existed person arrest mcleary navarro white dissenting denial certiorari house wrongly searched informant told officers suspect lived second house right suspect lived third house right language quotes leon comes discussion officer obtained defective warrant abided terms acted reasonably discussion notes cases reasonably well trained officer rely warrant passage also includes several examples among one relies case depending circumstances particular case warrant may facially deficient failing particularize place searched things seized executing officers reasonably presume valid ibid interprets language mean clerical mistake obvious officer fails recognize mistake receive qualified immunity read context however quoted language addressed quite different issue natural interpretation language clerical mistake obvious officer reasonably rely mistake course executing warrant words defect clear officer reasonably abid terms execute warrant written confront issue course one suggests officer reasonably relied defective language warrant case officer unaware clerical error case officer relying one respondents make usual claim injured defect led improper search rather make unusual claim injured simply warrant form contain correct description property seized even though property seized language leon point stressed purpose encouraging recourse warrant procedure served best rejecting overly technical standards courts review warrants illinois gates also stressed qualified immunity provides ample protection plainly incompetent knowingly violate law malley opinion inconsistent principles analysis requires nation police officers concentrate correctness paper forms substantive rights new duty ensure warrant conforms constitutional requirements sounds laudable ante home regime strict liability within ample room mistaken judgments qualified immunity jurisprudence traditionally provides malley supra reasons dissent jeff groh petitioner joseph ramirez et al writ certiorari appeals ninth circuit february justice thomas justice scalia joins chief justice joins part iii dissenting fourth amendment provides right people secure persons houses papers effects unreasonable searches seizures shall violated warrants shall issue upon probable cause supported oath affirmation particularly describing place searched persons things seized precise relationship amendment warrant clause unreasonableness clause unclear neither clause explicitly requires warrant course textually possible consider warrant requirement implicit within requirement reasonableness california acevedo scalia concurring judgment text fourth amendment certainly mandate result amendment history clear amendment principal target general warrants clear respect warrants required ever indeed different nature scope federal authority ability conduct searches arrests founding possible neither history fourth amendment common law provides much guidance result vacillated imposing categorical warrant requirement applying general reasonableness standard compare thompson louisiana per curiam rabinowitz frequently held warrantless searches presumptively unreasonable see katz payton new york also found plethora exceptions presumptive unreasonableness see chimel california searches incident arrest ross automobile searches biswell searches pervasively regulated businesses camara municipal city county san francisco administrative searches warden md penitentiary hayden exigent circumstances california carney mobile home searches illinois lafayette inventory searches border searches cases stand illuminating proposition warrantless searches per se unreasonable except course today holds warrant case obviously deficient ensuing search must regarded warrantless search thus presumptively unreasonable ante however text fourth amendment history sheer number exceptions categorical warrant requirement seriously undermine bases upon today rests holding instead adding confusing jurisprudence done turn first principles order determine relationship warrant clause unreasonableness clause even within current framework search conducted pursuant defective warrant constitutionally different warrantless search consequently despite defective warrant still ask whether search unreasonable conclude furthermore even correct search violated constitution particular respondents fourth amendment rights given confused state fourth amendment jurisprudence reasonableness petitioner actions agree conclusion petitioner entitled qualified immunity reasons respectfully dissent ny fourth amendment case may present two separate questions whether search conducted pursuant warrant issued accordance second clause whether nevertheless within meaning first leon stevens dissenting categorizing search warrantless one declines perform reasonableness inquiry ignores fact search quite different searches considered warrantless past cases involving warrantless searches generally involve situations officer obtained warrant later determined facially defective rather involve situations officers neither sought obtained warrant see anderson creighton officer entitled qualified immunity despite conducting warrantless search respondents home mistaken belief robbery suspect hiding payton new york supra striking new york statute authorizing warrantless entry private residence make routine felony arrest simply treating case warrant even sought issued glosses key inquiry whether always appropriate treat search made pursuant warrant fails describe particularly things seized presumptively unreasonable bases holding defect particularity warrant renders search warrantless citation single massachusetts sheppard sheppard noting sole issue th case whether officers reasonably believed search conducted authorized valid warrant rejected petitioner argument despite invalid warrant otherwise reasonable search constitutional recognized case law reasonableness inquiry appropriate one exceptions warrant requirement applied declined consider whether exception applied whether search actually violated fourth amendment question presented merely issue little importance ibid sheppard conduct sort inquiry whether fourth amendment violation actually occurred clear assumed violation purposes analysis rather rely dicta buried sheppard actually analyze arguably dispositive issue case also rejects argument details warrant application affidavit save warrant presence search warrant serves high function ante quoting mcdonald physical existence warrant typewritten contents serve high function warrant clause principal protection lies fact fourth amendment interposed magistrate citizen police objective mind might weigh need invade searchee privacy order enforce law ibid explained point fourth amendment denies law enforcement support usual inferences reasonable men draw evidence protection consists requiring inferences drawn neutral detached magistrate instead judged officer engaged often competitive enterprise ferreting crime assumption evidence sufficient support magistrate disinterested determination issue search warrant justify officers making search without warrant reduce amendment nullity leave people homes secure discretion police officers right privacy must reasonably yield right search rule decided judicial officer policeman government enforcement agent johnson footnotes omitted actual contents warrant simply manifestations protection hence contrast case truly warrantless search warrant due mistake specify face particular items seized warrant application passed magistrate judge contains details searchee still benefit determination neutral magistrate probable cause search particular place seize particular items circumstance principal justification applying rule presumptive unreasonableness falls away instant case items seized clearly specified warrant application set forth affidavit given judge magistrate magistrate reviewed documents signed warrant application made adjustment correction application clear respondents received protection warrant clause described johnson mcdonald circumstances hold ensuing search constitutes presumptively unreasonable warrantless search instead determine whether despite invalid warrant resulting search reasonable hence constitutional ii search unreasonable conclude constitutional prior execution warrant petitioner briefed search team provided copy search warrant application supporting affidavit warrant officers review petitioner orally reviewed terms warrant officers including specific items officers authorized search petitioner search team conducted search entirely within scope warrant application warrant within scope magistrate authorized finding illegal weapons explosives search team seized nothing ramirez bow county petitioner left gave respondents copy search warrant upon request next day petitioner faxed respondent copy detailed warrant application indeed putting aside technical defect warrant hard imagine actual search carried reasonably argues eminently reasonable search nonetheless unreasonable written assurance magistrate actually found probable cause search seize every item mentioned affidavit unless particular items described affidavit also set forth warrant ante argues least possible magistrate intended authorize much limited search one petitioner requested ibid theoretical matter may true reasonable inference magistrate intended authorize everything warrant application signed application make written adjustments application warrant also attempts bolster focus faulty warrant arguing purpose particularity requirement prevent general searches also assure searchee lawful authority search ante recognizes neither fourth amendment federal rule criminal procedure requires officer serve warrant searchee search ante thus search considered per se unreasonable failing apprise searchee lawful authority prior search especially officer promptly provides requisite information defect papers detected additionally unless adopts appeals view constitution protects searchee ability lookout challenge officers officers actually carrying search petitioner provision requisite information following day sufficient satisfy interest iii even assuming constitutional violation find petitioner entitled qualified immunity qualified immunity inquiry rests legal reasonableness action harlow fitzgerald assessed light legal rules established time taken anderson creighton outcome inquiry depends substantially upon level generality relevant rule identified example right due process law quite clearly established due process clause thus sense action violates clause violates clearly established right ibid apply standard high level generality allow plaintiffs convert rule qualified immunity rule virtually unqualified liability simply alleging violation extremely abstract rights ibid anderson criticized appeals considering qualified immunity question terms petitioner right free warrantless searches one home unless searching officers probable cause exigent circumstances appeals instead considered objective albeit question whether reasonable officer believed anderson warrantless search lawful light clearly established law information searching officers possessed errs defining question high level generality also assessing question without regard relevant circumstances even true reasonable officer believe search home pursuant warrant fails particularity requirement lawful absent exigent circumstances proposition apparently established dicta buried sheppard petitioner know carried search search warrant invalid let alone legally nonexistent petitioner entitlement qualified immunity turns whether belief search warrant valid objectively reasonable petitioner belief surely reasonable stated depending circumstances particular case warrant may facially deficient executing officers reasonably presume valid leon language makes clear exception leon exception apply every circumstance explain apply initial matter even argue fact petitioner made mistake preparing warrant objectively unreasonable given sheer number warrants prepared executed officers year combined fact officers also prepare detailed sometimes somewhat comprehensive documents supporting warrant applications inevitable officers acting reasonably entirely good faith occasionally make errors remaining question whether petitioner failure notice defect objectively unreasonable today points cases directing officer proofread warrant passed neutral magistrate officer already fully aware scope intended search magistrate gives reason believe authorized anything requested search point case suggesting officer prepares executes invalid warrant never rely magistrate assurance warrant proper indeed massachusetts sheppard suggested although officer involved warrant application process normally read issued warrant determine object search executing officer also affiant might need although contends impose proofreading requirement upon officers executing warrants ante see way read decision particularly petitioner done nothing ensure reasonableness actions proofread warrant receiving several allegations respondents possessed illegal firearms explosives petitioner prepared application warrant search respondents ranch along supporting affidavit detailing history allegations respondents petitioner investigation allegations petitioner verification sources allegations petitioner properly filled warrant application described place searched things seized obtained magistrate signature warrant application warrant prior execution warrant petitioner briefed search team ensure officer understood limits search petitioner search team executed warrant within limits error search warrant discovered petitioner promptly faxed missing information respondents view petitioner actions objectively reasonable thus entitled qualified immunity foregoing reasons respectfully dissent footnotes possession items unregistered violate warrant stated concealed specified premises certain person property namely single dwelling residence two story height blue color two additions attached east front entrance residence faces southerly direction app pet cert affidavit sealed sufficiency disputed reason petitioner argument constitutional error committed magistrate petitioner misplaced massachusetts sheppard suggested judge police officers may committed error constitutional dimension judge assured officers requesting warrant take steps necessary conform warrant constitutional requirements thus unreasonable police case rely judge assurances warrant authorized search requested case contrast petitioner alert magistrate defect warrant petitioner drafted therefore know whether magistrate aware scope search authorizing reasonable petitioner rely warrant patently defective even magistrate aware deficiency see leon true petitioner points neither fourth amendment rule federal rules criminal procedure requires executing officer serve warrant owner commencing search rule provides officer executing warrant must give copy warrant receipt property taken person whose premises property taken leave copy warrant receipt place officer took property quite obviously circumstances surreptitious search means wiretap example search empty abandoned premises impracticable imprudent officers show warrant advance see katz ker california whether unreasonable refuse request furnish warrant outset search case occupant premises present poses threat officers safe effective performance mission question case present appeals decision consistent principle petitioner mischaracterizes decision contends imposed novel proofreading requirement officers executing warrants held officers leading search team must mak sure proper warrant fact authorizes search seizure conduct duty proofread rather duty ensure warrant conforms constitutional requirements suggest official deprived qualified immunity whenever violates internal guideline refer atf order underscore petitioner known execute patently defective warrant although sheppard leon involved application good faith exception fourth amendment general exclusionary rule explained standard objective reasonableness applied context suppression hearing leon defines qualified immunity accorded officer malley briggs citation omitted justice kennedy argues dissent allowed room mistaken judgments post quoting malley according correctness paper forms higher status substantive rights post explained fourth amendment particularity requirement assures subject search magistrate duly authorized officer conduct search limited scope substantive right protected officer fails take time glance authorizing document detect glaring defect justice kennedy agrees constitutional magnitude post