United States v. Marilyn Buck, 813 F.2d 588 (2d Cir. 1987). · Go Syfert
United States v. Marilyn Buck, 813 F.2d 588 (2d Cir. 1987). Cases Citing This Book View Copy Cite
“the exclusionary rule's deterrent function is not served by penalizing officers who rely upon the objectively reasonable legal conclusions of an issuing judge.”
117 citation events (47 in the last 25 years) across 15 distinct courts.
Strongest positive: United States v. Cohan (nyed, 2009-06-24)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) United States v. Cohan (5×) also: Cited as authority (rule), Cited "see, e.g."
E.D.N.Y · 2009 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the warrant only described the crimes - and gave no limitation whatsoever on the kind of evidence sought.
discussed Cited as authority (verbatim quote) Adams v. Com.
Va. · 2008 · quote attribution · 1 verbatim quote · confidence high
the exclusionary rule's deterrent function is not served by penalizing officers who rely upon the objectively reasonable legal conclusions of an issuing judge.
discussed Cited as authority (rule) Yvelon Madelon v. Carol Mici
D. Mass. · 2025 · confidence medium
To comply with the Fourth Amendment obligation that “searches deemed necessary should be as limited as possible,” Coolidge v. New Hampshire, 403 U.S. 443, 467 (1971), a warrant must establish some limitation on what evidence can be sought, United States v. Buck, 813 F.2d 588, 591-92 (2d Cir. 1987) (concluding warrant was not particular because it “gave no limitation” on the “kind of evidence sought,” despite its description of applicable crime).
discussed Cited as authority (rule) United States v. Kevin Walker
2d Cir. · 2023 · confidence medium
“We have . . . found the 17 particularity requirement to be violated where a warrant fails to place some ‘limitation . . . on the 18 kind of evidence sought’ and instead ‘le[aves] it entirely to the discretion of the officials 19 conducting the search to decide what items [a]re to be seized.’” Id. (quoting United States v. Buck, 20 813 F.2d 588, 592 (2d Cir. 1987)).
discussed Cited as authority (rule) United States v. Purcell (2×)
2d Cir. · 2020 · confidence medium
We have also found the particularity requirement to be violated where a warrant fails to place some “limitation . . . on the kind of evidence sought” and instead “le[aves] it entirely to the discretion of the officials conducting the search to decide what items [a]re to be seized.” United States v. Buck, 813 F.2d 588, 592 (2d Cir. 1987) (internal quotation marks omitted).
discussed Cited as authority (rule) United States v. Wey (2×)
S.D.N.Y. · 2017 · confidence medium
And third, it must “specify the items to be seized by them relation to designated crimes.” Id. at 446 (internal quotation marks omitted) (citing, inter alia, United States v. Buck, 813 F.2d 588, 590-92 (2d Cir. 1987) (warrant authorizing seizure of “any papers, things or property of any kind relating to [the] previously described crime” was insufficiently particularized insofar as it “only described the crimes — and gave no limitation whatsoever on the kind of evidence sought”)); United States v. Rosa, 626 F.3d 56, 62 (2d Cir. 2010) (warrant “defective in failing to link the it…
discussed Cited as authority (rule) United States v. Young
E.D. Va. · 2017 · confidence medium
The others generally involve warrants with categories- like “all other evidence of criminal activity,” Cassady v. Goering, 567 F.3d 628, 635 (10th Cir. 2009), “any papers, things or property of any kind relating to previously described crime,” United States v. Buck, 813 F.2d 588, 590 (2d Cir. 1987), or “all business records,” Voss v. Bergsgaard, 774 F.2d 402, 406 (10th Cir. 1985).
discussed Cited as authority (rule) United States v. Scully
E.D.N.Y · 2015 · confidence medium
“Courts tend to tolerate a greater degree of ambiguity where law enforcement agents have done the best that could reasonably be expected under the circumstances, have acquired all the descriptive facts which a reasonable investigation could be expected to cover, and have insured that all those facts were included in the warrant.” United States v. Buck, 813 F.2d 588, 590 (2d Cir.1987) (quoting United States v. Young, 745 F.2d 733, 759 (2d Cir.1984), cert. denied, 470 U.S. 1084 , 105 S.Ct. 1842 , 85 L.Ed.2d 142 (1985)); see also United States v. Spilotro, 800 F.2d 959, 963 (9th Cir.1986) (�…
discussed Cited as authority (rule) United States v. Lustyik (2×) also: Cited "see"
unknown court · 2014 · confidence medium
See United States v. Clark, 638 F.3d 89, 105 (2d Cir.2011) (exclusionary rule does not apply “where the need for specificity in a warrant ... was not yet settled or was otherwise ambiguous”); United States v. Buck, 813 F.2d 588, 593 (2d Cir.1987) (when “the law [is] unsettled” as to warrant requirements, “a reasonably well-trained police officer could not be expected to know that the warrant ... violated the Fourth Amendment”).
examined Cited as authority (rule) United States v. Zemlyansky (3×) also: Cited "see"
S.D.N.Y. · 2013 · confidence medium
See George, 975 F.2d at 75-76 (holding that warrant lacked particularity because it does not alert the searching officers to the crimes at issue); United States v. Buck, 813 F.2d 588, 591 (2d Cir.1987) (holding warrant lacked particularity because it contained catch-all provisions).
discussed Cited as authority (rule) United States v. Dimora
N.D. Ohio · 2011 · confidence medium
See, e.g., United States v. Stelten, 867 F.2d 446, 451 (8th Cir.1989) (good faith exception applied where agents “took much care in drafting the descriptions of the items to be seized”); United States v. Buck, 813 F.2d 588, 593 (2d Cir.1987) (good faith exception applied where officers provided details outlining the crimes and the evidence sought to a neutral magistrate).
discussed Cited as authority (rule) United States v. D'Amico (2×) also: Cited "see"
S.D.N.Y. · 2010 · confidence medium
LEXIS 2439 , at *22 (“[T]he validity of a warrant is not affected by the fact that a vast amount of material falls within its scope.”) Furthermore, “Courts tend to tolerate a greater degree of ambiguity where law enforcement agents have done the best that could reasonably be expected under the circumstances.” See Buck, 813 F.2d at 590 (internal quotations and citation omitted).
discussed Cited as authority (rule) Bowen v. County of Westchester
S.D.N.Y. · 2010 · confidence medium
See United States v. Leon, 468 U.S. 897, 922 , 104 S.Ct. 3405 , 82 L.Ed.2d 677 (1984); United States v. Falso, 544 F.3d 110, 128-29 (2d Cir.2008); United States v. Buck, 813 F.2d 588, 592 (2d Cir.1987).
discussed Cited as authority (rule) United States v. Bowen (2×)
S.D.N.Y. · 2010 · confidence medium
A particularized warrant “prevents the seizure of one thing under a warrant describing another.” United States v. Buck, 813 F.2d 588, 590-91 (2d *681 Cir.1987).
cited Cited as authority (rule) United States v. McDarrah
2d Cir. · 2009 · confidence medium
See United States v. Leon, 468 U.S. 897, 920-22 , 104 S.Ct. 3405 , 82 L.Ed.2d 677 (1984); United States v. Buck, 813 F.2d 588, 592-93 (2d Cir.1987).
cited Cited as authority (rule) United States v. McDarrah
2d Cir. · 2009 · confidence medium
See United States v. Leon, 468 U.S. 897, 920-22 , 104 S.Ct. 3405 , 82 L.Ed.2d 677 (1984); United States v. Buck, 813 F.2d 588, 592-93 (2d Cir.1987).
discussed Cited as authority (rule) United States v. Cioffi
E.D.N.Y · 2009 · confidence medium
“Courts tend to tolerate a greater degree of ambiguity where law enforcement *391 agents have done the best that could reasonably be expected under the circumstances, have acquired all the descriptive facts which a reasonable investigation could be expected to cover, and have insured that all those facts were included in the warrant.” United States v. Buck, 813 F.2d 588, 590 (2d Cir.1987) (quoting United States v. Young, 745 F.2d 733, 759 (2d Cir.1984)); see also United States v. Spilotro, 800 F.2d 959, 963 (9th Cir.1986) (“Warrants which describe generic categories of items are not nece…
discussed Cited as authority (rule) Reaves v. State (2×) also: Cited "see"
Ga. · 2008 · confidence medium
However, that analysis is entirely consistent, not only with the analysis of this opinion, but also with this Court's previous understanding of federal precedent, as expressed in Lance : United States v. Buck, 813 F.2d 588, 591 (II) (2d Cir.1987) (noting that "`boilerplate' language in a warrant" is more likely to be found permissible when "it was preceded by a list of specific items to be sought"); ...
discussed Cited as authority (rule) United States v. Triumph Capital Group, Inc.
D. Conn. · 2002 · confidence medium
An officer is not “required to disbelieve a judge who has just advised him, by word and by action, that the warrant he possessed authorizes him to conduct the search he has requested.” United States v. Buck, 813 F.2d 588, 592 (2d Cir.1987).
cited Cited as authority (rule) United States v. Falkowitz
S.D.N.Y. · 2002 · confidence medium
See Stanford v. Texas, 379 U.S. 476, 486 , 85 S.Ct. 506 , 13 L.Ed.2d 431 (1965); United States v. Buck, 813 F.2d 588, 591-92 (2d Cir.1987).
discussed Cited as authority (rule) United States v. Gonzalez
D. Mass. · 2001 · confidence medium
See, e.g., United States v. Brunette, 256 F.3d 14, 19-20 (1st Cir.2001) (applying good faith exception where the “uncertain state of the law at the time made reliance on the warrant objectively reasonable”); United States v. Nolan, 199 F.3d 1180, 1183-85 (10th Cir.1999) (same); United States v. Buck, 813 F.2d 588, 593 (2d Cir.1987) (same).
discussed Cited as authority (rule) United States v. Rollack (2×) also: Cited "see, e.g."
S.D.N.Y. · 1999 · signal: cf. · confidence medium
Cf. United States v. Buck, 813 F.2d 588, 593 (2d Cir.1987) (holding that good faith applied since the Third Circuit, where the search occurred, had not yet "spelled out” the requirement at issue). 7 .
discussed Cited as authority (rule) United States v. Heatley
S.D.N.Y. · 1999 · signal: cf. · confidence medium
Cf. United States v. Buck, 813 F.2d 588, 592-93 (2d Cir.1987) (holding that police officers justifiably relied on a warrant later found over-broad when the requirement of particularity had not yet been spelled out, and concluding that suppression was unwarranted).
discussed Cited as authority (rule) United States v. Hickey
E.D.N.Y · 1998 · confidence medium
See, e.g., Kow, 58 F.3d at 427 ; George, 975 F.2d at 75-76 ; United States v. Buck, 813 F.2d 588, 590-92 (2d Cir.1987); United States v. Cardwell, 680 F.2d 75, 77-79 (9th Cir.1982); Roberts, 656 F.Supp. at 931 . ii.
discussed Cited as authority (rule) United States v. Benjamin G. Cancelmo, Jr. (2×)
2d Cir. · 1995 · confidence medium
United States v. Buck, 813 F.2d 588, 593 (2d Cir.) (noting that the "exclusionary rule's deterrent function is not served by penalizing officers who rely upon the objectively reasonable legal conclusions of an issuing judge"), cert. denied, 484 U.S. 857 , 108 S.Ct. 167 , 98 L.Ed.2d 121 (1987); see also Leon, 468 U.S. at 921 , 104 S.Ct. at 3419 ("In the ordinary case, an officer cannot be expected to question the magistrate's probable-cause determination or his judgment that the form of the warrant is technically sufficient.").
discussed Cited as authority (rule) United States v. Rios
D. Conn. · 1995 · confidence medium
The apartment to be searched was clearly identified and the list of items to be seized was particularized. 4 Rather than containing a “catch-all” description, such as the Second Circuit disapproved of in United States v. Buck, 813 F.2d 588, 593 (2d Cir.), cert. denied, 484 U.S. 857 , 108 S.Ct. 167 , 98 L.Ed.2d 121 (1987), or simply identifying general categories of items, the list of items to be seized from Rios’s residence, though extensive, was specific.
discussed Cited as authority (rule) United States v. Marcus L. Robertson
10th Cir. · 1994 · confidence medium
See United States v. Diaz, 841 F.2d 1, 6 (1st Cir.1988) (“[W]hile the warrant was overbroad ... it was not so facially deficient that [the government agent] could not have reasonably and in good faith believed that it adequately authorized the search he undertook.”); United States v. Buck, 813 F.2d 588, 592-93 (2d Cir.) (holding that officers reasonably relied on invalid warrant because they did all they could to comply with the Fourth Amendment and because “the law was unsettled as to how particular the description of the articles to be seized must be”), cert. denied, 484 U.S. 857 , 1…
discussed Cited as authority (rule) United States v. Millan-Colon (2×) also: Cited "see, e.g."
S.D.N.Y. · 1993 · confidence medium
United States v. Leon, 468 U.S. 897, 919-21 , 104 S.Ct. 3405, 3418-19 , 82 L.Ed.2d 677 (1984); United States v. Moore, 968 F.2d 216, 222 (2d Cir.), cert. denied, — U.S. —, 113 S.Ct. 480 , 121 L.Ed.2d 385 (1992); United States v. Buck, 813 F.2d 588, 592 (2d Cir.), cert. denied, 484 U.S. 857 , 108 S.Ct. 167 , 98 L.Ed.2d 121 (1987); United States v. Fama, 758 F.2d 834, 838 (2d Cir.1985).
discussed Cited as authority (rule) United States v. Bianco
2d Cir. · 1993 · confidence medium
We held in United States v. Buck, 813 F.2d 588, 590-92 (2d Cir.), cert. denied, 484 U.S. 857 , 108 S.Ct. 167 , 98 L.Ed.2d 121 (1987), that a warrant authorizing officers to “seize any papers, things or property of any kind relating to previously described crime” was overly broad, because it “gave no limitation whatsoever on the kind of evidence sought”, even though it did describe the crime under investigation.
discussed Cited as authority (rule) United States v. Bianco
2d Cir. · 1993 · confidence medium
If anything, therefore, Dennis undercuts the government's claim. 24 We held in United States v. Buck, 813 F.2d 588, 590-92 (2d Cir.), cert. denied, 484 U.S. 857 , 108 S.Ct. 167 , 98 L.Ed.2d 121 (1987), that a warrant authorizing officers to "seize any papers, things or property of any kind relating to previously described crime" was overly broad, because it "gave no limitation whatsoever on the kind of evidence sought", even though it did describe the crime under investigation.
discussed Cited as authority (rule) Paramount Pictures Corp. v. Doe 1
E.D.N.Y · 1993 · confidence medium
The particularity requirement “ensures that the search will be carefully tailored to its justifications and will not take on the character of the wide-ranging exploratory searches the Framers intended to prohibit.” Maryland v. Garrison, 480 U.S. 79, 84 , 107 S.Ct. 1013, 1016 , 94 L.Ed.2d 72 (1987); see also Coolidge v. New Hampshire, 403 U.S. 443, 467 , 91 S.Ct. 2022, 2038 , 29 L.Ed.2d 564 (1971); United States v. Buck, 813 F.2d 588, 590 (2d Cir.), cert. denied, 484 U.S. 857 , 108 S.Ct. 167 , 98 L.Ed.2d 121 (1987).
discussed Cited as authority (rule) United States v. LaMorte
S.D.N.Y. · 1990 · confidence medium
United States v. Buck, 813 F.2d 588, 593 (2d Cir.), cert. denied 484 U.S. 857 , 108 S.Ct. 167 , 98 L.Ed.2d 121 (1987); United States v. Thomas, 757 F.2d 1359, 1368 (2d Cir.), cert. denied 474 U.S. 819 , 106 S.Ct. 66 , 88 L.Ed.2d 54 (1985).
discussed Cited as authority (rule) United States v. Burke
S.D.N.Y. · 1989 · confidence medium
The government insists this warrant is not overbroad, United States v. Buck, 813 F.2d 588, 591-92 (2d Cir.), cert. denied, — U.S. —, 108 S.Ct. 167 , 98 L.Ed.2d 121 (1987), but that even if it is, two arguments forestall suppression: (1) the breadth of the warrant was justified by probable cause to believe that Barclay was a pervasively fraudulent enterprise, National City Trading Corp. v. United States, 635 F.2d 1020, 1024-26 (2d Cir.1980), and (2) the officers relied in good faith on the validity of the warrant.
cited Cited as authority (rule) United States v. Whitehorn
D.D.C. · 1989 · confidence medium
United States v. Buck, 813 F.2d 588, 589 (2d Cir.1987). 103 .
discussed Cited as authority (rule) United States v. Regan
S.D.N.Y. · 1989 · confidence medium
In other words, the warrant is limited neither by the list of records to be seized, nor by the reference to the export statutes.”) (emphasis in original); United States v. Cardwell, 680 F.2d 75 (9th Cir.1982) (only limitation on search and seizure of target’s business documents was reference to general tax evasion statute); United States v. LeBron, 729 F.2d 533, 539 (8th Cir.1984) (“The only limiting factor is the reference to ‘stolen property’.... [T]his generic classification is not sufficient_”); VonderAhe v. Howland, 508 F.2d 364 (9th Cir.1974) (no need for warrant for all of t…
discussed Cited as authority (rule) United States v. Herbert Roberts, Joan Roberts, and Lewis Bromberg
2d Cir. · 1988 · confidence medium
The pivotal question is whether “a reasonably well trained officer would have known that the search was illegal despite the magistrate’s authorization.” Leon, 468 U.S. at 922 n. 23, 104 S.Ct. at 3420 n. 23; United States v. Buck, 813 F.2d 588, 592 (2d Cir.), cert. denied, — U.S. -, 108 S.Ct. 167 , 98 L.Ed.2d 121 (1987).
discussed Cited "see" United States v. Clark (2×)
2d Cir. · 2011 · signal: see · confidence high
See United States v. Buck, 813 F.2d 588, 592 (2d Cir.1987) (holding that evidence obtained pursuant to warrant containing only catch-all description of property to be seized should not have been suppressed because, when warrant issued, law was ambiguous as to exact requirements of particularity clause).
discussed Cited "see" United States v. Rosa
2d Cir. · 2010 · signal: see · confidence high
See United States v. Buck, 813 F.2d 588, 590 (2d Cir.1987) (“[T]he particularity requirement ‘makes general searches ... impossible and prevents the seizure of one thing under a warrant describing another.
cited Cited "see" United States v. Kouzmine
S.D.N.Y. · 1996 · signal: see · confidence high
See United States v. Buck, 813 F.2d 588, 591 (2d Cir.), cert. denied, 484 U.S. 857 , 108 S.Ct. 167 , 98 L.Ed.2d 121 (1987).
discussed Cited "see" United States v. Henry
S.D.N.Y. · 1994 · signal: see · confidence high
The Second Circuit has also, noted, however, “Courts tend to tolerate a greater degree of ambiguity where law enforcement agents have done the best that could reasonably be expected under the circumstances, have acquired all the descriptive facts which a reasonable investigation could be expected to cover, and have insured that all those facts were included in the warrant.” United States v. Young, 745 F.2d 733, 759 (2d Cir. 1984), cert. denied 470 U.S. 1084 , 105 S.Ct. 1842 , 85 L.Ed.2d 142 (1985); see United States v. Buck, 813 F.2d 588, 590 (2d Cir. 1987).
discussed Cited "see" United States v. One Parcel of Property Located at 18 Perkins Road
D. Conn. · 1991 · signal: see · confidence high
See United States v. Buck, 813 F.2d 588, 593 (2d Cir.1987) (Lumbard, J.) (holding that the "particularity clause of the Fourth Amendment prohibits the use of a catch-all description in a search warrant, unaccompanied by any list of particular items or any other limiting language"), cer t. denied, 484 U.S. 857 , 108 S.Ct. 167 , 98 L.Ed.2d 121 (1987). 7 .
discussed Cited "see" United States v. Brown
S.D.N.Y. · 1990 · signal: see · confidence high
See United States v. Buck, 813 F.2d 588 (2d Cir.), cert. denied, 484 U.S. 857 , 108 S.Ct. 167 , 98 L.Ed.2d 121 (1987) (warrant only described crimes and gave no limitation on the kind of evidence to be sought).
discussed Cited "see" United States v. William Riley, Norman Burnett, Jeffrey Sizemore, Vincent Mazza (2×)
2d Cir. · 1990 · signal: see · confidence high
See United States v. Buck, 813 F.2d 588, 590 (2d Cir.1987) (in case of murder during armed bank robbery, warrant overbroad but officers acted in good faith in seizing false mustache, make-up kit and bomb-making equipment).
cited Cited "see" United States v. Shakur
Wash. Ct. App. · 1989 · signal: see · confidence high
See Buck, 813 F.2d at 592-93 .
cited Cited "see" United States v. Shakur
9th Cir. · 1989 · signal: see · confidence high
See Buck, 813 F.2d at 592-93 .
cited Cited "see" United States v. Laura Whitehorn
2d Cir. · 1987 · signal: see · confidence high
See Buck, 813 F.2d at 589 .
examined Cited "see" United States v. Gerena (3×) also: Cited "see, e.g."
D. Conn. · 1987 · signal: see · confidence high
See Buck, 813 F.2d at 593 n. 2.
cited Cited "see" United States v. Londono
E.D.N.Y · 1987 · signal: see · confidence high
See United States v. Buck, 813 F.2d 588, 593 (2d Cir.1987).
discussed Cited "see" United States v. Mutulu Shakur (2×)
2d Cir. · 1987 · signal: see · confidence high
See United States v. Buck, 813 F.2d 588 (2 Cir.1987).
discussed Cited "see, e.g." United States v. Jacobson
E.D.N.Y · 2014 · signal: see, e.g. · confidence medium
“Third, the warrant must specify the ‘items to be seized by their relation to designated crimes.’ ” Id. at 446 (quoting United States v. Williams, 592 F.3d 511, 519 (4th Cir.2010)); see, e.g., United States v. Buck, 813 F.2d 588, 590-92 (2d Cir.1987) (warrant was insufficiently particular where it authorized seizure of “any papers, things or property of any kind relating to previously described crime”).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellant,
v.
Marilyn BUCK, Defendant-Appellee
755, Docket 86-1500.
Court of Appeals for the Second Circuit.
Mar 10, 1987.
813 F.2d 588
Kerri L. Martin, Asst. U.S. Atty., S.D. N.Y. (Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., James L. Kainen, Stuart E. Abrams, Asst. U.S. Attys., of counsel) for appellant., Judith L. Holmes, New York City (Holmes & Tipograph, New York City, Jill Elijah, of counsel), for defendant-appellee.
Lumbard, Kearse, Pratt.
Cited by 65 opinions  |  Published
LUMBARD, Circuit Judge:

The United States appeals from two pretrial orders entered in the Southern District of New York on October 24 and December 3, 1986 by Judge Charles S. Haight, Jr. These orders suppressed physical evidence seized pursuant to a search warrant at an apartment rented by the defendant, Marilyn Buck, in East Orange, New Jersey, on the ground that the warrant violated the particularity requirement of the Fourth Amendment. Although we believe that the search warrant was impermissibly broad, we do not believe that the evidence seized should be suppressed. In view of the circumstances under which the law enforcement officers were compelled to conduct their investigation, we believe that they acted in good faith and in reasonable reliance on the warrant in conducting their search. Accordingly, we reverse the orders of the district court.

[*589] I.

An April 14, 1984 indictment in the Southern District charged Buck in eight counts with conspiracy to violate the Racketeer Influenced and Corrupt Organizations Act, and with participation in a racketeering enterprise, in violation of 18 U.S.C. §§ 1961,1962(c), 1962(d) and 2. The indictment further charged Buck with bank robbery, armed bank robbery and murder during the commission of an armed bank robbery, in violation of 18 U.S.C. §§ 2113(a), 2113(d), and 2113(e), respectively. These charges stemmed from an armored car robbery in the Bronx on June 2, 1981, during which a Brinks security guard was killed. In addition, the indictment charged Buck with bank robbery, armed bank robbery and murder during the commission of an armed bank robbery, in violation of the same statutes, arising out of another armored car robbery in Nanuet, New York, on October 20,1981, during and immediately after which a Brinks guard and two police officers were killed. Buck is currently incarcerated, serving sentences imposed on her as a result of convictions on other, unrelated charges.

The facts giving rise to Buck’s suppression motion are as follows. In the late afternoon of October 20, 1981, at a busy shopping mall in Nanuet, New York, a number of men wearing ski masks emerged from a red van and began firing an M-16 machine gun at guards unloading a Brinks armored car, killing one guard and injuring another. The gunmen quickly gathered $1.6 million from the armored car and sped off in the van.

Shortly thereafter, a local resident told the police that he saw the gunmen transfer themselves, the apparent proceeds of the robbery, and their weapons to a U-Haul truck. The local police located the U-Haul as it was attempting to enter the New York Thruway. When the police stopped the U-Haul to question its occupants, several men burst from the back of it and began firing automatic weapons at the police. The gunmen killed two officers and injured a third. Eyewitnesses saw the gunmen flee the shootout in several cars and proceed to a nearby driveway, which served as another switch point. There witnesses saw the gunmen drive off in several other cars, including a white Oldsmobile bearing the New Jersey license plate 594 PJV. The police were unable to catch the white car as it sped away, but, later that evening, they traced the license plate to one “Carole J. Durant,” at 166 Grove Street, North Plain-field, New Jersey.

Working through the night, the local police enlisted the assistance of the New Jersey State Police in tracking down the “Durant” automobile. At about 3:30 a.m. the next morning, New Jersey State Police officers went to 166 Grove Street. They spoke to the resident, Leonard Tosto, who told them that he knew “Carol Durant” but that she did not live there. He said that “Durant” had asked him to allow her to register her car at his address “for insurance purposes,” and that she really lived at 223 Prospect Street, Apartment 1A, East Orange, New Jersey. “Durant,” police later learned, was actually one of Marilyn Buck’s several aliases. Tosto further told the officers that “Durant” had called him in the late afternoon of October 20 — the date of the robbery and murders in Nanuet — and had told him that she had been in an automobile accident and that, if the police were to question him about her, Tosto should tell them that she lived in New York at an unknown address.

After the officers drove Tosto to 223 Prospect Street and he verified that building as “Durant’s” residence, the New Jersey police officials decided to seek a search warrant for the residence. Shortly after 6:00 a.m., Detective Richard Ryan of the New Jersey State Police telephoned Judge Julius Fielo of the East Orange Municipal Court, at the Judge’s home, to apply for a search warrant for “Durant’s” apartment at 223 Prospect Street. At the beginning of the conversation, which was tape-recorded by the state police, Ryan gave a brief description of the crime in Nanuet. Judge Fielo then told Ryan to “give me some factual basis ah, indicating as to how you’ve come to know that this vehicle is involved with that crime.” Ryan then in[*590] formed Judge Fielo of the fleeing white car, the tracing of the car registrant to Tosto’s residence, and the questioning of Tosto. Ryan also recounted Tosto’s version of why “Durant” registered the car at his address and her phone call to him the previous day.

At about 6:45 a.m., Judge Fielo administered an oath to the detective over the phone and then orally authorized a search of the premises at 223 Prospect Street. The warrant stated, as Fielo dictated it over the telephone, “Bench warrant issued verbally to Richard Ryan, on phone, to search premises 223 Prospect Street, East Orange, New Jersey, Apartment 1A, and to search person of Carol Durant and search warrant to seize any papers, things or property of any kind relating to previously described crime.” Ryan and other New Jersey police officers went immediately to 223 Prospect Street and executed the search warrant. Among the items the police found in Buck’s unoccupied apartment were the following: a .45 caliber semi-automatic rifle, a 9 mm. handgun, a Bowie knife, a blow gun, chuka sticks, ammunition, gun-cleaning kits, a sawed-off shotgun barrel and butt, wigs, a false mustache and make-up kit, insurance documents relating to the white Oldsmobile, numerous detailed bomb-making diagrams, a bomb-detonating device and several household items which the diagram indicated would be of use in making a home-made bomb.

Buck moved to suppress the evidence seized during the search on a variety of grounds. In an opinion filed October 24, 1986, Judge Haight rejected Buck’s claims that there was inadequate probable cause for the search; that the issuing judge abandoned his “detached and neutral role;” that New Jersey law required suppression; and that a Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978), hearing should have been held. Judge Haight agreed, however, with Buck’s claim that the warrant was unconstitutionally broad. Accordingly, Judge Haight suppressed the fruits of the search, finding that Judge Fielo’s orally-issued order lacked the “particularity” required by the Fourth Amendment. The Government moved for reconsideration. In a second opinion, decided December 3, 1986, Judge Haight reaffirmed his earlier ruling. This appeal followed.

II.

The Fourth Amendment provides:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." (emphasis added)

Our first task is to determine whether the warrant was, as Judge Haight held, excessively broad under the Fourth Amendment. The purpose of the particularity requirement, the Supreme Court has held, “is that those searches deemed necessary should be as limited as possible. Here, the specific evil is the ‘general warrant’ abhorred by the colonists, and the problem is not that of intrusion per se, but of a general, exploratory rummaging in a person’s belongings.” Coolidge v. New Hampshire, 403 U.S. 443, 467, 91 S.Ct. 2022, 2038, 29 L.Ed.2d 564 (1971). Moreover, the Court has stated, in an oft-quoted passage, that the particularity requirement “makes general searches ... impossible and prevents the seizure of one thing under a warrant describing another. As to what is to be taken, nothing is left to the discretion of the officer executing the warrant.” Marron v. United States, 275 U.S. 192, 196, 48 S.Ct. 74, 76, 72 L.Ed. 231 (1927). This Court, however, has recognized that these familiar words from Marrón “ha[ve] not always been applied literally____ Courts tend to tolerate a greater degree of ambiguity where law enforcement agents have done the best that could reasonably be expected under the circumstances, have acquired all the descriptive facts which a reasonable investigation could be expected to cover, and have insured that all those facts were included in the warrant.” United States v. Young, 745 F.2d 733, 759 (2d[*591] Cir.1984), cert. denied, 470 U.S. 1084, 105 S.Ct. 1842, 85 L.Ed.2d 142 (1985).

In Andresen v. Maryland, 427 U.S. 463, 479, 96 S.Ct. 2737, 2748, 49 L.Ed.2d 627 (1976), the Court considered whether a specific warrant was violative of the Fourth Amendment. The warrant at issue authorized a search for an “exhaustive list of particularly described documents,” but also included an invitation to search for “ ‘other fruits, instrumentalities and evidence of crime at this [time] unknown.’ ” The Court upheld the validity of the warrant, which was issued as part of a prosecution for fraud in connection with a sale of land. The Court found that the presence of the detailed list saved the more expansive sections from invalidity, stating “[w]e think it clear from the context that the term ‘crime’ in the warrants refers only to the crime of false pretenses with respect to” the real estate in question. Id. at 480-81, 96 S.Ct. 2648-49. Here, in contrast, the warrant did not contain any “list of documents” or otherwise limiting language which tended to narrow its scope.

In United States v. Dunloy, 584 F.2d 6, 8 (2d Cir.1978), we upheld a warrant for a search of a bank safe deposit box that allowed the officials to seize “ ‘a quantity of cocaine, and additionally, all narcotic drug controlled substances, documents, records and other evidence of distribution and possession with intent to distribute narcotic controlled substances.’ ” We held that the warrant, under the “totality of the background facts, including the inability under the circumstances to provide a more precise description of the criminal instrumentalities that would be found in the box, was not impermissibly broad.” Id. at 10. Judge Mansfield did note, however, that “the breath [sic] of the warrant’s language was tempered by the extremely confined area authorized to be searched — one safe deposit box. The warrant was no blank check permitting agents to roam throughout an entire house, or even a room, but a narrowly restricted permit[.]” Id. at 10-11. The area at issue in the instant case, however, was not one small area, but rather an individual’s residence, which, as Dunloy recognized, has always served as the focus of the Fourth Amendment’s protections. Although the mere identification of the location to be searched and the crime or crimes to be investigated are tolerable in a warrant to search a safe deposit box, it does not follow that a similarly worded warrant should be permitted to conduct a “general, exploratory rummaging,” Coolidge, supra, 403 U.S. at 467, 91 S.Ct. at 2038, in an individual’s home.

A closer analogy is presented by United States v. Young, supra. There we upheld a warrant for the search of a private home which stated that the authorities could search for: “Quantities of heroin and other controlled substances, other chemical substances, equipment, utensils, paraphernalia, containers, money, notes, documents and papers and other evidence of a conspiracy to distribute and of the distribution and possession with intent to distribute of [sic] narcotic drug controlled substances ... [Emphasis added].” 745 F.2d at 758.

While the warrant in Young is certainly more similar to the one issued by Judge Fielo than those in the cases cited above, we believe Young and the instant case are distinguishable. First, the warrant in Young did list some specific items whereas the warrant before us listed none. In Andresen, Dunloy and Young, the courts upheld the presence of broad, “boilerplate” language in a warrant because it was preceded by a list of specific items to be sought by the police. The warrant here was, in contrast, all in general boilerplate terms, without either explicit or implicit limitation on the scope of the search. Second, as noted earlier, we stated in Young that “[c]ourts tend to tolerate a greater degree of ambiguity where law enforcement agents have done the best that could reasonably be expected under the circumstances, have acquired all the descriptive facts which a reasonable investigation could be expected to cover, and have insured that all those facts were included in the warrant.” 745 F.2d at 759. While it can safely be said that the police here performed reasonably under the circumstances and collected all the “descriptive facts” they could in the middle of the night[*592] at an early point in the investigation, they clearly did not insure that all the known facts were included in the warrant. The warrant only described the crimes — and gave no limitation whatsoever on the kind of evidence sought. In short, “the warrant left it entirely to the discretion of the officials conducting the search to decide what items,” Lo-Ji Sales, Inc. v. New York, 442 U.S. 319, 325, 99 S.Ct. 2319, 2324, 60 L.Ed.2d 920 (1979), were to be seized, and thus was not permissible under the Fourth Amendment.

III.

Our holding that the warrant was impermissibly broad does not, however, conclude our inquiry. The Government argues that even if the warrant is found to be over-broad, the evidence should be admissible under the reasonable reliance exception to the exclusionary rule recognized by the Supreme Court in United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984). In Leon, the Supreme Court held that evidence obtained pursuant to a facially valid search warrant, later found to be invalid, was admissible if the executing officers acted in good faith and in objectively reasonable reliance on the warrant. The Supreme Court held in Leon that the exclusionary rule “cannot be expected, and should not be applied, to deter objectively reasonable law enforcement activity.” Id. at 919, 104 S.Ct. at 3419. Accordingly, Leon stated that, in applying the new rule, courts should “eschew inquines into the subjective beliefs of law enforcement officers who seize evidence pursuant to a subsequently invalidated warrant,” id. at 922 n. 23, 104 S.Ct. at 3421 n. 23, and that the inquiry should be “confined to the objectively ascertainable question whether a reasonably well-trained officer would have known that the search was illegal despite the magistrate’s authorization.” Id.

Our task, then, is to determine whether a reasonably well-trained officer should have known that Judge Fielo’s warrant was impermissibly broad. The Supreme Court offered guidance for resolving this question in its first application of the Leon doctrine, Massachusetts v. Sheppard, 468 U.S. 981, 104 S.Ct. 3424, 82 L.Ed.2d 737 (1984). Based upon evidence obtained during a homicide investigation, a Boston police officer applied for a warrant authorizing a search of Sheppard’s residence, using the only warrant application form available — a preprinted narcotics search warrant. The judge reviewing the officer’s application, which included a supporting affidavit establishing probable cause, signed and dated the warrant after making several changes in its wording. Although the issuing judge “did not change the substantive portion of the warrant, which continued to authorize a search for controlled substances; nor did he alter the form so as to incorporate the affidavit,” he assured the officer that “the warrant was sufficient authority in form and content to carry out the search as requested.” Id. at 986, 104 S.Ct. at 3427 (footnote omitted). The Court held that the officer reasonably relied on the judge to make the obvious changes in the printed form to conform to the affidavit’s particularization of the targeted items. The Fourth Amendment therefore did not require suppression of the evidence. The Court refused to hold “that an officer is required to disbelieve a judge who has just advised him, by word and by action, that the warrant he possesses authorizes him to conduct the search he has requested.” Id. at 989-90, 104 S.Ct. at 3429.

We find that the doctrine enunciated in Leon and Sheppard has application here. [1] The record shows that the officers in this case made considerable efforts to comply with the dictates of the Fourth Amendment: they sought out a neutral magistrate; they tape-recorded the conversation with the magistrate to assure accuracy; they outlined the crime for the mag[*593] istrate; they described the evidence that led them to the house in East Orange; the detective was placed under oath by Judge Fielo and swore to the truth of his assertions. What the officers failed to do was anticipate our holding today that the particularity clause of the Fourth Amendment prohibits the use of a catch-all description in a search warrant, unaccompanied by any list of particular items or any other limiting language. In October, 1981, when the police applied for the warrant at issue, the law was unsettled as to how particular the description of the articles to be seized must be in order to comply with the Fourth Amendment. The jurisdiction in which the officers were operating — the Third Circuit-had not spelled out the particularity requirement. This is the first case to address the issue in our court. As section II of this opinion illustrates, prior to our decision, the existing cases left considerble ambiguity as to the exact requirements of the particularity clause going far beyond the ambiguity inherent in every new application of the law.

In such a case, a reasonably well-trained police officer could not be expected to know that the warrant issued by Judge Fielo violated the Fourth Amendment. The exclusionary rule’s deterrent function is not served by penalizing officers who rely upon the objectively reasonable legal conclusions of an issuing judge. We therefore disagree with Judge Haight’s conclusion that the evidence should have been suppressed. [2]

The order of the District Court suppressing the fruits of the search of 223 Prospect Street, Apartment 1A, East Orange, New Jersey, is reversed.

1

. We note that the Eleventh Circuit is in agreement with our application of the reasonable reliance exception to a particularity violation, see United States v. Accardo, 749 F.2d 1477, 1980-81 (11th Cir.), cert. denied, — U.S. -, 106 S.Ct. 314, 88 L.Ed.2d 295 (1985), and that the First and Ninth Circuits disagree with us. See United States v. Fuccillo, 808 F.2d 173 (1st Cir.1987), and United States v. Crozier, 777 F.2d 1376, 1381-82 (9th Cir.1985).

2

. Of course, our decision today means that, with respect to searches conducted hereafter, police officers may no longer invoke the reasonable-reliance exception to the exclusionary rule when they attempt to introduce as evidence the fruits of searches undertaken on the basis of warrants containing only a catch-all description of the property to be seized.