What is the test for a search warrant to search a person's home?

MultiRegion, United States of America

The following excerpt is from U.S. v. Asemota, 961 F.2d 217 (9th Cir. 1992):

To satisfy the fourth amendment, a warrant must be specific enough to enable an executing officer to identify the items subject to seizure. The purpose of this requirement is to prevent "exploratory rummaging in a person's belongings." United States v. McClintock, 748 F.2d 1278, 1282 (9th Cir.1984), cert. denied, 474 U.S. 822 (1985). In determining whether a search warrant is sufficiently precise, we have considered the following: (1) whether probable cause exists to seize all items of a particular type described in the warrant; (2) whether the warrant sets out objective standards by which executing officers can differentiate items subject to seizure from those which are not; or (3) whether the government was able to describe the items more particularly in light of the information available at the time the warrant was issued. United States v. Spilotro, 800 F.2d 959, 963 (9th Cir.1986). In Spilotro, we held that the warrant was overbroad because it "authorize[d] wholesale seizures of entire categories of items not generally evidence of criminal activity, and provide[d] no guidelines to distinguish items used lawfully from those the government had probable cause to seize." Id. at 964.

The search warrant in the instant matter authorized the seizure of the following:

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