In what circumstances will a search warrant authorize the seizure of a garden, the wood-framed building and the mobile home of a person or persons in control of marijuana plants?

California, United States of America


The following excerpt is from People v. Smith, 180 Cal.App.3d 72, 225 Cal.Rptr. 348 (Cal. App. 1986):

In the case at bench, the search warrant authorized the search of the garden, the wood-framed building and the mobile home for, inter alia, "[a]rticles of personal property tending to establish the identity of person or persons in control of marijuana and cultivated areas, vehicles, structures, storage areas, residences, or containers where marijuana may be found." Given the circumstances of this case, a more specific description does not seem possible. Unlike a warrant authorizing the search and seizure of stolen property by stating "all other merchandise owned by" the victim, a more particular description of the items reflecting the cultivator's identity in the [180 Cal.App.3d 90] instant case could not be made. (Cf. People v. Tockgo, supra, 145 Cal.App.3d at pp. 640-641, 193 Cal.Rptr. 503.)

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