In what circumstances will a court invalidate the seizure of certain items taken from a police search for evidence of criminal activity on the general suspicion that they match descriptions of stolen property in a police report?

California, United States of America


The following excerpt is from People v. Sedillo, 135 Cal.App.3d 616, 185 Cal.Rptr. 475 (Cal. App. 1982):

[135 Cal.App.3d 623] Likewise, in Nunes, this court invalidated the seizure of certain items taken "on the general suspicion that they coincided with descriptions of stolen property contained in police reports not in their [the searching officers'] possession." (Nunes v. Superior Court, supra, 100 Cal.App.3d at p. 932, 161 Cal.Rptr. 351.) From the cases we distilled the rule "the police must have a specific basis upon which to rationally select items as evidence of criminal activity under the plain view doctrine." (Ibid.)

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