What is the test for obtaining a search warrant to search a person's home for documents that identify him?

California, United States of America


The following excerpt is from People v. Del Toro, B238494 (Cal. App. 2014):

In People v. Nicolaus (1991) 54 Cal.3d 551, police had a warrant to search the defendant's home for letters, papers and bills tending to show who occupied the apartment. They found documents in the defendant's writing which revealed his plans to harm the victim and his motives. The search and seizure were found to be justified. (Id. at p. 574.)

Here, the search warrant authorized the detectives to search for "any other item that could identify the decedent."

"When a legitimate search is under way, and when its purpose and its limits have been precisely defined, nice distinctions between closets, drawers, and containers, in the case of a home, or between glove compartments, upholstered seats, trunks, and wrapped packages, in the case of a vehicle, must give way to the interest in the prompt and efficient completion of the task at hand." (United States v. Ross (1982) 456 U.S. 798, 820-821.)

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