California, United States of America
The following excerpt is from People v. Mitchell, F076674 (Cal. App. 2020):
"A warrant that permits a search broad in scope may be appropriate under some circumstances, and the warrant's language must be read in context and with common sense." (People v. Eubanks, supra, 53 Cal.4th at pp. 134.)
"When determining whether a warrant which authorizes the seizure of a category of items is overbroad, we consider: (1) whether probable cause existed to seize all items of a category described in the warrant; (2) whether the warrant set forth objective standards by which executing officers could differentiate items subject to seizure from those which were not; and (3) whether the government could have described the items more particularly in light of the information available to it at the time the warrant issued." (United States v. Shi (9th Cir. 2008) 525 F.3d 709, 731-732; accord, United States v. Flores (9th Cir. 2015) 802 F.3d 1028, 1044.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.