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Computer was properly seized from a car under a search warrant, even though it wasn't described in the warrant

By John Wesley Hall, Jr.

Defendant waived on appeal his search issue by changing the issue, and it is important that trial courts get to rule on these issues first. To avoid an ineffective assistance claim, the court goes to the merits. Defendant's computer was lawfully seized under a search warrant for evidence of a homicide because it might have had evidence on it, even thought it was not listed in the search warrant and it was portable and found in defendant's car. A second search warrant was issued for the computer. People v. Varghese, 2008 Cal. App. LEXIS 683 (4th Dist. May 8, 2008).* Officer had probable cause to believe defendant was selling drugs at the time of the arrest. It mattered not what drug the defendant was selling, just that he was selling drugs. Duncan v...continue to full post

Full post as published by Fourth Amendment on May 09, 2008 (boomark / email).