Can a search warrant be used to search the home of an alleged methamphetamine dealer in violation of the terms of a warrant?

California, United States of America


The following excerpt is from People v. Moon, C082946 (Cal. App. 2018):

"A number of California cases have recognized that from the nature of the crimes and the items sought, a magistrate can reasonably conclude that a suspect's residence is a logical place to look for specific incriminating items." (People v. Miller (1978) 85 Cal.App.3d 194, 204.) Here, the magistrate had a substantial basis for concluding probable cause existed to search defendant's home where evidence of methamphetamine sales would logically be found. The trial court did not err in denying defendant's motion to quash the warrant and suppress the contraband found in his home.

The judgment is affirmed.

Other Questions


Under what circumstances will a search warrant be used to search a vehicle of a convicted drug dealer's vehicle in violation of the terms of 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 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)
Does the search warrant for "any vehicles" provision in the first warrant for a search warrant apply to a vehicle search? (California, United States of America)
If a search warrant authorizes a search, can the warrant authorizations to search the bag be added to the warrant? (California, United States of America)
Does a search and seizure resulting from an arrest without a warrant or search warrant violate the constitutional guarantees? (California, United States of America)
Under what circumstances will a court grant a search warrant to search an apartment for alleged drug dealer? (California, United States of America)
If a search warrant was obtained during a search and seizure of a shotgun, would the search warrant be invalid as fruit of the poisonous tree? (California, United States of America)
Is a search made under warrant valid if the search was conducted in accordance with the search warrant? (California, United States of America)
Can a search warrant be used to search for and seize items beyond the scope of the search warrant? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.