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?


Asked on 9/29/04, 12:33 am

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

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.

Read more
Answered on 10/04/04, 11:01 pm
Edward Hoffman Law Offices of Edward A. Hoffman

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.

Read more
Answered on 9/29/04, 2:55 pm


Related Questions & Answers

More Criminal Law questions and answers in California