If a search warrant is for a shotgun, in which location may the officer not search?

If a search warrant is for a shotgun, in which location may the officer not search?

• A. Jewelry box
• B. Desk
• C. Chest
• D. Safe

Answer: (A)

The rule being tested is that a search warrant limits the search to places where the item described in the warrant could reasonably be found. When the warrant specifies a shotgun, officers may search locations within the premises and any containers within those locations that could reasonably conceal such a firearm. A shotgun is a sizable item, so it could be hidden in places like a desk, a chest, or a safe—areas that could realistically house a firearm. A jewelry box, however, is generally far too small to conceal a shotgun, so searching it would go beyond what the warrant justifies. The warrant’s scope is not satisfied by rummaging through a container that couldn’t reasonably hold the item described. So the jewelry box is not a permissible search location under the warrant, while the other places could be, assuming they could reasonably contain a firearm.

The rule being tested is that a search warrant limits the search to places where the item described in the warrant could reasonably be found. When the warrant specifies a shotgun, officers may search locations within the premises and any containers within those locations that could reasonably conceal such a firearm.

A shotgun is a sizable item, so it could be hidden in places like a desk, a chest, or a safe—areas that could realistically house a firearm. A jewelry box, however, is generally far too small to conceal a shotgun, so searching it would go beyond what the warrant justifies. The warrant’s scope is not satisfied by rummaging through a container that couldn’t reasonably hold the item described.

So the jewelry box is not a permissible search location under the warrant, while the other places could be, assuming they could reasonably contain a firearm.