Can a search warrant authorize the seizure of an object in plain view even if it is not listed in the search warrant?

MultiRegion, United States of America

The following excerpt is from Roe v. Sherry, 91 F.3d 1270 (9th Cir. 1996):

If, during the lawful execution of a search warrant, an officer discovers evidence of a crime in plain view, the officer may seize the object even if the object is not listed in the search warrant. In re Grand Jury Subpoenas Dated Dec. 10, 1987, 926 F.2d 847, 854 (9th Cir.1991). To fall within the plain view exception, two requirements must be met: the officers must be lawfully searching the area where the evidence is found and the incriminatory nature of the evidence must be immediately apparent. Horton v. California, 496 U.S. 128, 135-36, 110 S.Ct. 2301, 2307-08, 110 L.Ed.2d 112 (1990); United States v. Ewain, 78 F.3d 466, 469 (9th Cir.1996).

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