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


The following excerpt is from People v. Camel, 214 Cal.Rptr.3d 531, 8 Cal.App.5th 989 (Cal. App. 2017):

In any event, the first warrant was not overbroad as to the "any vehicles" provision. Whether a warrant is sufficiently particular is a question of law subject to independent review by an appellate court. (People v. Eubanks (2011) 53 Cal.4th 110, 133, 134 Cal.Rptr.3d 795, 266 P.3d 301.) In analyzing this question, we consider the purpose of the warrant, the nature of the items sought, and the totality of the circumstances surrounding the case. "A warrant that permits a search broad in scope may be appropriate under some circumstances, and the warrant's language must be read in context and with common sense. [Citation.]" (Id . at pp. 133-134, 134 Cal.Rptr.3d 795, 266 P.3d 301.)

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