State v. Clark

I respectfully dissent. The loose-leaf desk calendar, Exhibit 48, was not described in the search warrant. Its warrantless seizure was therefore per se unreasonable under the Fourth Amendment, as the principal opinion concedes, unless it can be brought under one of the exceptions. The state carries a heavy burden to show that the seizing of the desk calendar falls within the particular exception. Coolidge v. New Hampshire, 403 U.S. 443, 455, 91 S.Ct. 2022, 29 L.Ed.2d 564 (1971); Vale v. Louisiana, 399 U.S. 30, 34, 90 S.Ct. 1969, 26 L.Ed.2d 409 (1970). This, for the reasons set forth below,…