Can a search warrant be used to seize marijuana plants from a house and backyard?

California, United States of America


The following excerpt is from People v. Parker, F062920 (Cal. App. 2013):

The house and backyard were searched pursuant to a search warrant that we have upheld as constitutional. The marijuana plants and related evidence were discovered during execution of this warrant. The officers' actions did not exceed the scope of the warrant. "Searching officers may seize items specifically named in a valid warrant, as well as other items in plain view, provided the officers are lawfully located in the place from which they view the items and the incriminating character of the items as contraband or evidence of a crime is immediately apparent. [Citations.]" (People v. Kraft (2000) 23 Cal.4th 978, 1041.) Under the circumstances presented here, all of the items seized from the house and backyard inevitably would have seen discovered during execution of the lawful search warrant. (People v. Low (2010) 49 Cal.4th 372, 393, fn. 10 [methamphetamine discovered during search of jailed defendant's clothes inevitably would have been found]; People v. Superior Court (Chapman) (2012) 204 Cal.App.4th

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