People v. Balint
California Court of Appeal
138 Cal. App. 4th 200 (2006)
- Written by Sharon Feldman, JD
Facts
A search warrant was executed at the residence of John Stephens and Kelli Balint (defendant). The warrant authorized the seizure of certain stolen property and any items tending to show dominion and control of the searched location, including delivered mail, utility bills, phone bills, rent receipts, and similar items. A laptop computer, which was open and turned on, was found on the sofa. The computer was not listed in the warrant as stolen property or an item demonstrating dominion and control of the location. The computer contained data indicating it was owned by someone whose computer had recently been stolen from her car. Balint was convicted of receiving stolen property and argued on appeal that the officers exceeded the warrant’s scope when they seized the computer under the clause authorizing seizure of any items tending to show dominion and control of the premises.
Rule of Law
Issue
Holding and Reasoning (Aronson, J.)
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