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CT: Incorporation by reference of the affidavit without attachment is sufficient under Groh

By John Wesley Hall, Jr.

Incorporation of affidavit by reference is all that is constitutionally required, not incorporation, particularly where the government is seeking to protect the informant's identity for a while. Here, the officers seeking the warrant were the ones executing it, so they were aware of the limitations on the warrant. Groh leaves this distinction unresolved. State v. Browne, 2009 Conn. LEXIS 119 (May 26, 2009), rev'g State v. Browne, 104 Conn. App. 314, 933 A.2d 735 (2007) (posted here): In view of the current state of the law on this subject, we believe the correct approach does not require incorporation and accompaniment in every situation. For instance, in a case such as this one, when the warrant application and affidavit are placed under seal to protect the identity and safety of a confidential informant, it is, in our view, well within constitutional limits to determine the particularity of the warrant in light of the supporting documentation as long as it is incorporated explicitly by reference...continue to full post

Full post as published by Fourth Amendment on June 08, 2009 (boomark / email).