Legal Question in Criminal Law in California
Invalidating a Search Warrant under 4th amendment failure to describe
If a search warrant is found to be invalid based on the fact that the premises
to be searched were not probably described seperate from another unit on a
multi-unit/multi-building property does it effect the entire warrant being
thrown out or just anything seized from that particular premise.
In other words, if the warrant describes this home property as one place to be
searched, a certain vechicle as another place to be searched and the person
of an individual. If the warrant is then invalidated through a motion regarding
failure to describe the home premises to be searched would it only effect
suppresion of things obtained from the home or would it effect the entire
warrant and things obtained from everywhere during the excusion including
the car etc?
Also, if a warrant describes and mentions a person to be searched and when
they found and arrested that person and searched him, do they have the right
to search and seize a computer he had that was sitting in a hired car not
belonging to him parked outside the building he was arrested in? Like a taxi
cab. Even though they had no warrant for the taxi cab they can seize things
from it including his computer?
2 Answers from Attorneys
Re: Invalidating a Search Warrant under 4th amendment failure to describe
I want to correct a rather odd typo in the answer I posted last week. The last sentence of my response said that "the police could seize any personal property and our recipe has with him...." What I was trying to say was that "the police could seize any personal property an arrestee has with him...."
This is what happens when you (or, more accurately, I) use voice-recognition software and don't speak directly into the microphone.
Re: Invalidating a Search Warrant under 4th amendment failure to describe
Whether any part of the search would be invalidated would depend upon the specific facts of the case; a description which is inaccurate in only a minor way and which still leads officers to the correct location would likely be upheld.
Even assuming that the portion of the warrant dealing with the premises is thrown out, as long as the automobile and the person were described accurately there would be no problem with searching them and the evidence obtained by the searches could be used in court.
And yes, the police could seize any personal property and our recipe has with him under the circumstances you described.
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