Is a desk seized from a defendant's home pending the issuing of a search warrant?

California, United States of America


The following excerpt is from People v. Link, 26 Cal.App.4th 1272, 32 Cal.Rptr.2d 149 (Cal. App. 1994):

As the defendant recognizes, law enforcement officers are entitled to seize property pending issuance of a search warrant if they have probable cause to believe it contains contraband and the exigencies of the circumstances so demand. (United States v. Place (1983) 462 U.S. 696, 701, 103 S.Ct. 2637, 2641, 77 L.Ed.2d. 110, 116, 117.) The defendant challenges the exigencies under which the officers removed the desk from the property pending issuance of the second search warrant.

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