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.)

Other Questions


Does the affidavit supporting a search warrant invalidate the search warrant for a home searched for a stolen gun after the original warrant was issued? (California, United States of America)
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)
Does a warrant for a search warrant for search of a garage authorize the search of the garage? (California, United States of America)
Does the exclusionary rule apply when an officer acting with objective good faith has obtained a search warrant for the search warrant under the Golden Gate Drive search warrant? (California, United States of America)
Does the assumption that evidence sufficient to warrant a search warrant justify the officers in making a search without a warrant justify their actions? (California, United States of America)
Is a search made under warrant valid if the search was conducted in accordance with the search warrant? (California, United States of America)
Can a search warrant be used to search for and seize items beyond the scope of the search warrant? (California, United States of America)
Does the search in the search warrant form part of a search warrant? (California, United States of America)
If a search warrant was obtained during a search and seizure of a shotgun, would the search warrant be invalid as fruit of the poisonous tree? (California, United States of America)
Under what circumstances will a search warrant be used to search a vehicle of a convicted drug dealer's vehicle in violation of the terms of search warrant? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.