The following excerpt is from Perkins v. City of West Covina, 113 F.3d 1004 (9th Cir. 1997):
Perkins claims that the officers who searched his home acted unreasonably in seizing the currency and the starter pistol because neither was mentioned in the warrant, claiming "The general rule ... is: if something is not described in the warrant, it cannot be seized." This is not an accurate statement of clearly established law at the time of the search. Instead, it was clearly established in 1993 that during a search, officers may seize an item not described in the warrant if they are in a lawful position to view the item, the item reasonably appears to be contraband, and the discovery of the item is inadvertent. United States v. Washington, 797 F.2d 1461, 1468 (9th Cir.1986) (as amended). This "plain view" doctrine applies to the seizure of an item not listed in the warrant. Arizona v. Hicks, 480 U.S. 321, 326, 107 S.Ct. 1149, 1153, 94 L.Ed.2d 347 (1987).
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