What is the test for a search warrant to seize items from a vehicle at a motor vehicle dealership?

California, United States of America


The following excerpt is from People v. Superior Court (Brown), 122 Cal.Rptr. 459, 49 Cal.App.3d 160 (Cal. App. 1975):

'The situation here does not differ markedly from other cases wherein this court and others, albeit usually without discussion, have upheld searches although the nexus between the items to be seized and the place to be searched rested not on direct observation, as in the normal search-and-seizure case, but on the type of crime, the nature of the missing items, the extent of the suspect's opportunity for concealment, and normal inferences as to where a criminal would be likely to hide stolen property.' (United States v. Lucarz (9 Cir. 1970) 430 F.2d 1051, 1055.)

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