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MT: Listing a vehicle in a premises search warrant does not limit search to other vehicles found there

By John Wesley Hall, Jr.

A search warrant for premises and a specific vehicle belonging to the victim and defendant did not prohibit searching a motorcycle found there which was not the specified vehicle. State v. Stout, 2010 MT 137, 2010 Mont. LEXIS 199 (June 22, 2010)*: [*P68] We cannot adopt Stout's cribbed reading of the warrant. The warrant authorized a search of the premises, specifically including the garage and vehicles. Under established law that alone would be sufficient to permit the search of any vehicles found on the premises. U.S. v. Percival, 756 F.2d 600, 612 (7th Cir. 1985); U.S. v. Duque, 62 F.3d 1146, 1151 (9th Cir. 1995); U.S. v. Gamboa, 439 F.3d 796, 807 (8th Cir. 2006). The fact that the warrant went on and described four particular vehicles does not alter the conclusion that the motorcycle bags were subject to search...continue to full post

Full post as published by Fourth Amendment on June 26, 2010 (boomark / email).