Is a search warrant authorized to search for marijuana, but not for stolen goods?

California, United States of America


The following excerpt is from People v. Frank, 214 Cal.Rptr. 801, 38 Cal.3d 711, 700 P.2d 415 (Cal. 1985):

The doctrine reflected in these cases is not, however, without its proper limitations. In People v. Haas (1976) 55 App.Div.2d 683, 390 N.Y.S.2d 202, for example, the court--after concluding that there was probable cause to support a warrant's authorization to search for marijuana, but not its additional authorization to search for stolen goods--refused to uphold the seizure of the stolen goods, explaining: "The items seized, i.e., a passport, an envelope containing coins, certain documents, etc., are not the type of items in which a searcher for marijuana could reasonably expect to find marijuana, especially in view of the fact that the search warrant authorized a [700 P.2d 446] search for 'Marijuana Plants.' [Citation.]

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