What is the test of propriety of a search?

California, United States of America


The following excerpt is from People v. Superior Court, 17 Cal.App.3d 447, 95 Cal.Rptr. 114 (Cal. App. 1971):

The test of the propriety of a search is whether it is reasonable. (U.S.Const. 4th Amend.) Ordinarily, when a search is made pursuant to a warrant, the search and seizure are limited by the terms of the warrant; only the premises described in the warrant may be searched and only the property described in the warrant may be seized; however, when officers, in the course of a bona fide effort to execute a valid search warrant, discover articles which, although not included in the warrant, are reasonably identifiable as contraband, they may seize them, whether they are initially in plain sight or come into plain sight subsequently as a result of the officers' efforts. (Skelton v. Superior Court, 1 Cal.3d 144, 155, 157, 81 Cal.Rptr. 613, 460 P.2d 485.)

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