In a search warrant application, does the omission of certain items in the search warrant result in a general, exploratory rummaging in a person's belongings?

California, United States of America


The following excerpt is from People v. Alvarez, 209 Cal.App.3d 660, 257 Cal.Rptr. 445 (Cal. App. 1989):

Further, the omission here did not result in "a general, exploratory rummaging in a person's belongings." (Coolidge v. New Hampshire (1971) 403 U.S. 443, 467, 91 S.Ct. 2022, 2038, 29 L.Ed.2d 564.) Only those items enumerated in the affidavit were seized. (See People v. Dumas (1973) 9 Cal.3d 871, 880, 109 Cal.Rptr. 304, 512 P.2d 1208; People v. MacAvoy, supra, 162 Cal.App.3d 746, 764, 209 Cal.Rptr. 34.) On these facts, we agree with the court below that Officer Hines had an objectively reasonable good faith belief that the warrant properly authorized the search he actually carried out. Accordingly, suppression of the evidence obtained in that search is not warranted.

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