What threshold issue does appellant need to meet to obtain a warrant for the seizure of his computer from his office?

California, United States of America


The following excerpt is from People v. Thomas, G049862 (Cal. App. 2015):

In comparison, the threshold issue here is whether the police acted reasonably in seizing appellant's computer from his office. A seizure is "far less intrusive than a search." (United States v. Payton (9th Cir. 2009) 573 F.3d 859, 863.) Whereas a search implicates a person's right to keep the contents of his or her belongings private, a seizure only affects their right to possess the particular item in question. (Segura v. United States (1984) 468 U.S. 796, 806.) Consequently, the police generally have greater leeway in terms of conducting a warrantless seizure than they do in carrying out a warrantless search. As a matter of fact, the United States Supreme Court has "frequently approved warrantless seizures of property . . . for the time necessary to secure a warrant, where a warrantless search was either held to be or likely would have been impermissible." (Ibid.)

Other Questions


Is a probation condition requiring appellant to submit his person and property to search and seizure at any time of the day or night, by any peace officer or other peace officer, with or without a warrant, probable cause or reasonable suspicion? (California, United States of America)
Does the exclusionary rule apply when an officer acting with objective good faith has obtained a search warrant for the search warrant under the Golden Gate Drive search warrant? (California, United States of America)
When a search warrant is issued, does the search warrant require a police officer to consult an expert on computer science or art forgery? (California, United States of America)
Can a police officer who observed and, briefly, followed appellant before the detention obtain inculpatory observations from the officer who followed appellant's detention? (California, United States of America)
When a defendant consents to a blood draw without a warrant being obtained by the police, can the officer obtain a warrant? (California, United States of America)
If a tainted warrant affidavit is amended to remove tainted evidence from the warrant affidavit at issue, is the warrant sufficient to suppress evidence seized pursuant to the warrant? (California, United States of America)
Does a search warrant need to be obtained to obtain access to a user's e-mail address without a warrant? (California, United States of America)
What is the test for obtaining a warrant for search and seizure without a warrant? (California, United States of America)
Can a defendant who claims self-defense to a charge of battery upon a police officer, who is also charged with battery upon the officer, obtain materials from the police department concerning the propensity for violence against the officer? (California, United States of America)
What is the test for obtaining a warrant for search and seizure without a warrant? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.