Warrants

General warrants

As stated in the introduction to this chapter, the place searched and the items seized must be specifically and accurately described in the warrant. If the warrant does not sufficiently describe the items and place sufficiently, it is referred to as a "general warrant," and typically defective.

The language in the warrant, however, maybe fairly broad. For example, in Anderson v. Maryland, 427 U.S. 463, 479-82 (1976), the United States Supreme Court approved a warrant authorizing seizure of "other fruits, instrumentalities and evidence of crime at this (time) unknown," when the phrase was limited to fruits and instrumentalities of particular crime. The language may not permit, however, a search for general items, such as "stolen property," unless . . .

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Page last updated: 2/17/2007
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