Does a court have an exception to a search warrant where officers enter the premises and in the course of the search discover items not in the warrant?
California, United States of America
The following excerpt is from People v. Superior Court for Marin County, 147 Cal.Rptr. 376, 83 Cal.App.3d 536 (Cal. App. 1978):
An exception has been created for situations in which the officers have entered the premises pursuant to a valid search warrant, and in the course of a reasonable search discover items not in the warrant. (Skelton v. Superior Court (1969) 1 Cal.3d 144, 157, 81 Cal.Rptr. 613, 460 P.2d 485.) The Skelton court states (at p. 157, 81 Cal.Rptr. at p. 622, 460 P.2d at p. 494):
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