Can a search warrant be used to search a shirt belonging to a defendant who had been running at the time of the search?

California, United States of America


The following excerpt is from People v. Reyes, 223 Cal.App.3d 1218, 273 Cal.Rptr. 61 (Cal. App. 1990):

The court below denied the suppression motion and ruled the search was valid under the warrant for two separate reasons. First, the court relied on People v. McCabe (1983) 144 Cal.App.3d 827, 192 Cal.Rptr. 635 to find that, although defendant's reach for the shirt was an assertion of ownership, "the police can assume all personal property in a residence is the property of a resident, and therefore subject to search as a possible repository of items sought." Second, the court held that "since running in the residence had been heard before entry, the police could conclude an opportunity had existed for someone to conceal narcotics in, inter alia, defendant's clothing, which were not then being worn by defendant."

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