People v. Carroll

The defendant moves to suppress and for the return of property seized under a search warrant. He contends that there was no probable cause for the issuance of the warrant; that the evidence seized under the warrant must be suppressed and returned because the statute under which the warrant was issued (Code Crim. Pro., § 792, subd. 4, as enacted by L. 1962, ch. 542), authorizing the seizure of “ property constituting evidence of crime or tending to show that a particular person committed a crime ”, is unconstitutional; finally, the defendant further contends that all things seized but not…