Is a search warrant valid for the seizure of items that were not listed in the search warrant?
California, United States of America
The following excerpt is from Hibbard v. City of Anaheim, 162 Cal.App.3d 270, 208 Cal.Rptr. 733 (Cal. App. 1984):
6 Although the items at issue here were not listed in the search warrant, they were still things "taken on a warrant" inasmuch as they were seized while a search warrant was being executed. The warrant supplied the only authority for their lawful observation. (See Gershenhorn v. Superior Court (1964) 227 Cal.App.2d 361, 366, 38 Cal.Rptr. 576.)
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