William J. Brennan, Jr.

“ For example, the warrant application process can often be time consuming, especially when the police attempt to seize a large number of items. An officer interested in conducting a search as soon as possible might decide to save time by listing only one or two hard-to-find items, such as the stolen rings in this case, confident that he will find in plain view all of the other evidence he is looking for before he discovers the listed items. ”

“ Accordingly, just as a warrantless search is per se unreasonable absent exigent circumstances, so too a seizure of personal property is "per se unreasonable within the meaning of the Fourth Amendment unless it is accomplished pursuant to a judicial warrant issued upon probable cause and particularly describing the items to be seized." ”

“ Furthermore, there are a number of instances in which a law enforcement officer might deliberately choose to omit certain items from a warrant application even though he has probable cause to seize them, knows they are on the premises, and intends to seize them when they are discovered in plain view. ”

“ The requirement that warrants shall particularly describe the things to be seized makes general searches under them impossible and prevents the seizure of one thing under a warrant describing another. As to what is to be taken, nothing is left to the discretion of the officer executing the warrant. ”

“ Mass. Commonwealth v. Cefalo, 381 Mass. 319, 330-331, 409 N.E.2d 719, 727 (1980)
Mich. People v. Dugan, 102 Mich.App. 497, 503-505, 302 N.W.2d 209, 211-212 (1980) , cert. denied, 455 U.S. 927, 102 S.Ct. ”