Can material not described in a search warrant be seized if it is contained in the same physical volume, book or file?

MultiRegion, United States of America

The following excerpt is from U.S. v. Tamura, 694 F.2d 591 (9th Cir. 1982):

2 United States v. Beusch, 596 F.2d 871 (9th Cir.1979), held only that material not described in a search warrant may lawfully be seized when it is contained in the same physical volume, book, or file with other documents known to be covered by the warrant. We do not question this holding. However, the court noted that "we are careful to point out that we are discussing single files and single ledgers, i.e., single items which, though theoretically separable, in fact constitute one volume or file folder. The reasons we have given may not apply to sets of ledgers or files...." Id. at 877.

3 Section SS 220.5 of the 1975 ALI Model Code of Pre-Arraignment Procedure reads as follows:

Execution and Return of Warrants for Documents

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