When a search warrant is issued, does the search warrant require a police officer to consult an expert on computer science or art forgery?

California, United States of America


The following excerpt is from People v. Superior Court (Moore), 104 Cal.App.3d 1001, 163 Cal.Rptr. 906 (Cal. App. 1980):

The problem, then, hinged on ascertainment of which items were those described in the warrant. Admittedly, when there is a method [104 Cal.App.3d 1008] available for identification of the specific items sought, generic description and seizure are impermissible. (United States v. Klein (1st Cir. 1977) 565 F.2d 183, 188; cf. Model Code of Pre-Arraignment Procedure, 22.5 (Proposed Official Draft 1975), suggesting generic seizure, impoundment and court supervised search.) But patently no such method was available here. The presence, and participation, of the officer in executing the warrant cannot sensibly be understood to require knowledge which a police officer could not reasonably be expected to possess. Consequently, we think there is no requirement that such experts, prior to stating their conclusions, engage in the futile task of attempting to educate accompanying police officers in the rudiments of computer science, or art forgery, or any other subject of scientific or artistic expertise. *

Other Questions


Does the affidavit supporting a search warrant invalidate the search warrant for a home searched for a stolen gun after the original warrant was issued? (California, United States of America)
What is the test for a search warrant issued by a police officer in the context of search warrant application? (California, United States of America)
When a warrant was issued for a search of a mobile home by a police officer looking for evidence of illegal possession of a firearm, what is the current state of the law on the right of search warrant? (California, United States of America)
Is a search of a vehicle by a police officer who stops and searches the vehicle at the police station a search warrant? (California, United States of America)
Can a police officer refuse to issue a warrant for a search without a search warrant? (California, United States of America)
Does the exclusionary rule apply when an officer acting with objective good faith has obtained a search warrant for the search warrant under the Golden Gate Drive search warrant? (California, United States of America)
Does a search warrant need to be issued for a search of a motel room by a police officer? (California, United States of America)
When a police officer searches a knapsack of a suspect in a search for drugs, what is the limitation of the search warrant? (California, United States of America)
If a police officer has a valid search warrant for a search without a proper knock-notice, what is the impact of knocking-notice requirements? (California, United States of America)
What is the test for determining whether a search warrant has to be issued to search a vehicle that has been stopped and searched by police? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.