Section 9.19 Particularly Describing What Is to Be Seized

• Library: Criminal Practice 2012 Supp

F. (§9.19) Particularly Describing What Is to Be Seized

Section 542.271, RSMo 2004, sets forth what property may be seized in accordance with a warrant. Although the statute sets out specific categories and items, it is generally stated that property to be seized must be contraband, evidence, fruits, or instrumentalities of crime.

“It is elementary that no warrant shall issue unless it particularly describes the things to be seized. U.S. Const. amend. IV; Mo. Const. art. I, § 15.” State v. Holland, 781 S.W.2d 808, 813 (Mo. App. E.D. 1989) (citing State v. Johnson, 677 S.W.2d 330, 331 (Mo. App. E.D. 1984)). These constitutional requirements are reiterated in § 542.276.6(4) and .10(5), RSMo Supp. 2004. The purpose of the particularity requirement is to “prevent a general search and to ensure that the property taken will not be left to the caprice of the officer conducting the search.” State v. Brown, 708 S.W.2d 140, 143 (Mo. banc 1986). The requirement of a particular warrant also...