Defense win: Good faith exception does not save search pursuant to overbroad warrant

U.S. v. Dunn, 719 F. App'x 746 (12/12/17) (Col.) (per curiam) (unpub'd) - A really nice lack-of-warrant-particularity defense victory against the good-faith demons, courtesy of Judges Bacharach and O'Brien [with Judge Gorsuch on the panel but not voting]. The warrant to search Mr. Dunn's apartment said "the items to be searched for and seized include but are not limited to" a list of 9 items related to a stabbing. The 10th concludes the warrant authorized a search for everything in the apartment for any reason. The 10th finds it significant that the "not limited to" language applied to all the evidence categories. The affidavit didn't cure the lack of particularity because the affidavit wasn't attached to the warrant and the warrant didn't incorporate the affidavit by reference, although it did say an officer filed an affidavit and that the warrant's authorization is on the basis of the affidavit's information. The warrant's bad part couldn't be severed from the rest of the warrant because the invalid part was so broad and invasive it contaminated the whole warrant. Even though officers didn't search beyond what they would have been allowed to search under a valid warrant, the good faith exception didn't apply because the defect was so obvious, as a less broad defect was in Cassady v. Goering, 567 F.3d 628, 635 (10th Cir. 2009). The exclusionary rule's purpose is served by "reminding officers the particularity requirement is more than a technicality."