Does a search warrant authorize a search for a package of stolen property, after the discovery of the package, after finding that the package turned up further contraband?

California, United States of America


The following excerpt is from People v. Superior Court, 103 Cal.Rptr. 874, 27 Cal.App.3d 404 (Cal. App. 1972):

If the officers were entitled to search for correspondence the fact that this search, after the discovery of the package, turned up further contraband renders the seizure of that contraband proper. In Skelton v. Superior Court, supra, the search warrant authorized a search for four specific items of stolen property. After one item was found the residents were arrested and the search continued. It turned up numerous items identified from prior complaints as other stolen property. After finding that there was probable cause for the issuance of the search warrant (1 Cal.3d at pp. 149--154, 81 Cal.Rptr. 613, 460 P.2d 485), the court examined the petitioner's contention that the search warrant 'was simply a pretext to gain entry to his house a facade behind whose authority the officers intended to conduct an extensive search of his premises to discover not solely the four listed items, but also other stolen property which they suspected might be located there.' (id., p. 154, 81 cal.rptr. p. 620, 460 P.2d at p. 492.) the court had already observed, '. . . the search seems to have been motivated not simply by a desire to locate the three remaining items specified in the warrant but also by the hope of discovering property listed as stolen on police burglary reports which the officers had brought with them.' (Id., p. 149, 81 Cal.Prtr. p. 615,460 P.2d p. 487.)

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