When a warrant was issued for a search of a mobile home by a police officer looking for evidence of illegal possession of a firearm, what is the current state of the law on the right of search warrant?

California, United States of America


The following excerpt is from Neal v. Cnty. of Shasta, C066720 (Cal. App. 2013):

Once in the mobilehome the officers saw several firearms in plain sight. At that point they were authorized to seize any incriminating evidence observed in plain view. (Horton v. California (1990) 496 U.S. 128, 133-137 [110 L.Ed.2d 112].) The firearms also supported a finding of probable cause to issue a search warrant for the premises.

Page 13

Probable cause is established where "there is a fair probability that contraband or evidence of a crime will be found in a particular place." (Illinois v. Gates (1983) 462 U.S. 213, 238 [76 L.Ed.2d 527, 548].) It is a crime for a person who has been convicted of a felony to possess a firearm or have a firearm in their possession or custody or control. (Pen. Code, 29800.) The firearms in Woods's residence were evidence of a crime, thus constituted probable cause for the issuance of the second warrant. Consequently, the actions of the officers subsequent to discovering the firearms in plain sight during the initial sweep search did not violate plaintiff's Fourth Amendment rights.

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