If we conclude that the warrant supporting the search was supported by probable cause, should the search be limited to the scope of the search?

MultiRegion, United States of America

The following excerpt is from De Payne v. U.S., 60 F.3d 832 (9th Cir. 1995):

1 Appellants also argue that if we conclude that the warrant was supported by probable cause, we should conclude that the scope of the authorized search was unjustified. Because appellants failed to raise this issue until their reply briefs, this issue has been waived. See Eberle v. City of Anaheim, 901 F.2d 814, 818 (9th Cir. 1990) ("It is well established in this circuit that the general rule is that appellants cannot raise a new issue for the first time in their reply briefs." (quotations omitted)).

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