How are California Search Warrants Executed?
The contents of a California search warrant must be described with reasonable particularity.32 Simply put, “reasonable particularity” means that the warrant should be so clear that nothing is left to the officers discretion when executing it.33 This applies to both (1) the place to be searched, and (2) the person/property to be seized.34 This means that a search warrant must be executed according to the exact details contained in the warrant35 — warrants that are clear in their descriptions will be upheld and those that unduly vague will not. The following are some examples taken from actual California court cases36: Descriptions that were found not to be sufficiently clear — • “all of the financial records” • “other evidence” • “stolen property” • “certain personal property used as a means of committing larceny” Items that were described with reasonable particularity — • “personal property tending to identify the person in control” • “bookmaking paraphernalia” • “illegal deer meat
