Can a search warrant authorize the seizure of an item not listed in the warrant?

California, United States of America


The following excerpt is from People v. Forrest, F054396 (Cal. App. 1/8/2009), F054396. (Cal. App. 2009):

"The plain-view doctrine permits, in the course of a search authorized by a search warrant, the seizure of an item not listed in the warrant, if the police lawfully are in a position from which they view the item, if its incriminating character is immediately apparent, and if the officers have a lawful right of access to the object. [Citations.] In such circumstances, the warrantless seizure of evidence of crime in plain view is not prohibited by the Fourth Amendment, even if the discovery of the evidence is not inadvertent. [Citation.] Where an officer has a valid warrant to search for one item but merely a suspicion, not amounting to probable cause, concerning a second item, that second item is not immunized from seizure if found during a lawful search for the first item. [Citation.] This rule was stated by the high court in Horton [Horton v. California (1990) 496 U.S. 128] in the context of a search conducted pursuant to a warrant, notwithstanding the circumstance that in other cases applying the plain view doctrine in various contexts, the determination that the incriminating nature of an item was `immediately apparent' was based upon whether the officers had probable cause to believe that the item was either evidence of a crime or contraband. [Citations.]" (People v. Bradford (1997) 15 Cal.4th 1229, 1293-1294.)

Other Questions


If a search warrant authorizes a search, can the warrant authorizations to search the bag be added to the warrant? (California, United States of America)
If a search warrant was obtained during a search and seizure of a shotgun, would the search warrant be invalid as fruit of the poisonous tree? (California, United States of America)
Does the affidavit supporting a search warrant invalidate the search warrant for a home searched for a stolen gun after the original warrant was issued? (California, United States of America)
Does the search warrant for "any vehicles" provision in the first warrant for a search warrant apply to a vehicle search? (California, United States of America)
Does a warrant for a search warrant for search of a garage authorize the search of the garage? (California, United States of America)
Does the exclusionary rule apply when an officer acting with objective good faith has obtained a search warrant for the search warrant under the Golden Gate Drive search warrant? (California, United States of America)
Is a search warrant valid for the seizure of items that were not listed in the search warrant? (California, United States of America)
Is there any evidence that there is insufficient probable cause for the seizure of a laptop and the search warrant issued for that search warrant? (California, United States of America)
Does the search in the search warrant form part of a search warrant? (California, United States of America)
When a search and/or seizure is conducted without a warrant, what is the test for obtaining a search warrant? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.