Is there a reasonable probability police would have uncovered evidence of firearm and ammunition possession if they had searched defendant's home and cellular phone?

California, United States of America


The following excerpt is from People v. McKinney, F071025 (Cal. App. 2017):

found in defendant's bedroom, and two digital scales. Because police had probable cause to search defendant's home and cellular phone for evidence of firearm and ammunition possession, we conclude there is a reasonable probability police would have uncovered this evidence by lawful means. "'When officers, in the course of a bona fide effort to execute a valid search warrant, discover articles which, although not included in the warrant, are reasonably identifiable as contraband, they may seize them whether they are initially in plain sight or come into plain sight subsequently, as the result of the officers' efforts.'" (People v. Diaz (1992) 3 Cal.4th 495, 563.)

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