What is the test for obtaining a search warrant to search a defendant's home and vehicle?

MultiRegion, United States of America

The following excerpt is from U.S. v. Smith, 967 F.2d 595 (9th Cir. 1992):

In determining whether a search warrant is overbroad, a court must determine whether the warrant is supported by probable cause and whether the items to be searched and seized are described with reasonable specificity. United States v. Rodriguez, 869 F.2d 479, 486-87 (9th Cir.1989). A court must look to the totality of the circumstances in order to determine whether probable cause exists. Illinois v. Gates, 462 U.S. 213, 238-39 (1983). A court may focus on an informant's reliability or basis of knowledge in determining whether an affidavit in support of a warrant establishes probable cause. United States v. Ayers, 924 F.2d 1468, 1478 (9th Cir.1991). Although a warrant should not allow the police to exercise discretion as to the items to be seized, "the warrant's description of items need only be reasonably specific rather than elaborately detailed." Rodriguez, 869 F.2d at 486 (quotations omitted). A search warrant authorizing the search of a defendant's property, including vehicles belonging to or used by residents on the property, is proper and does not limit the search to vehicles of permanent or legal residents. United States v. Motz, 936 F.2d 1021, 1025 (9th Cir.1991).

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