Can a search warrant authorize the seizure of items not specifically described in the search warrant as "plain view" items?

MultiRegion, United States of America

The following excerpt is from U.S. v. Hoover, 922 F.2d 845 (9th Cir. 1990):

We recently held in United States v. Guy, No. 88-3178, slip op. at 8029 (9th cir. July 31, 1990), that seizure of items not specifically described in a search warrant is justified by the plain view doctrine if they are of an apparent incriminating nature. Id. at 8029. Certain of the items that were not incriminating were returned to Hoover.

Finally, Hoover asserts that there was no

Page 845

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