Is a diagram of a residential structure validly seized pursuant to a search warrant?
California, United States of America
The following excerpt is from People v. Miley, 158 Cal.App.3d 25, 204 Cal.Rptr. 347 (Cal. App. 1984):
[158 Cal.App.3d 35] Appellant's first argument is correct: the diagram was not validly seized pursuant to the warrant. Although the warrant lists "a hand-drawn map of a residential structure" as an item to be seized, the affidavit omits any reference whatsoever to that item. (Thompson v. Superior Court (1977) 70 Cal.App.3d 101, 138 Cal.Rptr. 603.)
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