What is the effect of a search warrant requiring the return of the subject items?
California, United States of America
The following excerpt is from People v. Superior Court (Shayan), 21 Cal.App.4th 621, 26 Cal.Rptr.2d 173 (Cal. App. 1993):
3 Real parties also asserted that the subject items should be returned because they had not been specifically described in the warrant. However, if during the execution of a search warrant evidence of a crime is discovered in plain view, it may be seized whether enumerated or not. (Horton v. California (1990) 496 U.S. 128, 142, 110 S.Ct. 2301, 2310, 110 L.Ed.2d 112.)
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