Is a search warrant valid for the search of defendant's car?

California, United States of America


The following excerpt is from People v. Dumas, 109 Cal.Rptr. 304, 9 Cal.3d 871 (Cal. 1973):

The warrant obtained by the police officers in this case does not support their search of defendant's automobile. The constitutional requirement that a warrant 'particularly describ(e) the place to be searched' compels the conclusion that the privilege to search created by a warrant does not extend beyond the place or places described therein. Thus in Skelton v. Superior Court (1969) supra, 1 Cal.3d 144, 155, 81 Cal.Rptr. 613, 620, 460 P.2d 485, 492, we stated that 'We are mindful of the general rule that when a search is made pursuant to a warrant, the search and seizure are limited by the terms of the warrant. Thus only the premises described in the warrant may be searched and only the property described in the warrant may be seized.'

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