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


The following excerpt is from People v. Morrongiello, 145 Cal.App.3d 1, 193 Cal.Rptr. 105 (Cal. App. 1983):

2 Because these notations are not required to appear on the search warrant prior to its execution, their addition after the search does not affect the warrant's validity. ( 1534, subd. (b) and see Bowyer v. Superior Court, supra, 37 Cal.App.3d 151, 162-164, 111 Cal.Rptr. 628.)

3 (Cf. Bowyer v. Superior Court, supra, 37 Cal.App.3d 151, 162-164, 111 Cal.Rptr. 628 with People v. Moore (1973) 31 Cal.App.3d 919, 927, 107 Cal.Rptr. 590.)

4 If defendant had objected, Stocks could have added the authorization to search the bag at that time since he had the magistrate's authorization to do so. (Cf. Sternberg v. Superior Court, supra, 41 Cal.App.3d at p. 290, 115 Cal.Rptr. 893.)

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