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People v. Kraft8/10/2000
tances, but we have no difficulty concluding this case does not present them. To the contrary, the record provides ample support for the magistrate's implicit conclusion that all of the items seized from defendant's car were taken either pursuant to warrant or, under the plain view doctrine, with probable cause to believe they constituted evidence of murder.
c. Seizure of business binder containing list from trunk of defendant's car
Defendant contends investigating officers improperly seized from the trunk of his car the business binder, later found to contain the list of cryptic entries that the prosecution maintained was a death list. He argues the justifications asserted for the seizure (i.e., to check for fingerprints and bodily fluid residues) were unreasonable given the circumstances of Gambrel's death and the apparent absence of any such residues on the binder. Defendant, however, fails to acknowledge the warrant authorized the seizure of various types of papers, including "any written material pertaining to the homicide," "papers and identification from areas of death scene tending to show identity and or relationship of victim to potential suspect or suspects" and "papers and identification showing owner, occupier or person who has dominion and control of vehicle." As the Attorney General notes, at the time of the search it may have appeared the binder could contain information showing who was in possession of the car, information indicating some relationship between the victim and defendant, or information concerning a motive for murder. That defendant, on arrest, stated Gambrel was a hitchhiker did not foreclose a search for such information among the papers in the trunk of defendant's car, inasmuch as (assuming the truth of the statement) "written material pertaining to the homicide" could include a written plan or notes prepared in advance of the crime.
d. Searches of defendant's home
Defendant challenges each of the three searches of his home, contending probable cause did not support the three warrants authorizing the searches and that searching officers improperly seized items outside the scope of the warrants. He also contends the second and third searches were invalid because they were directed at seizing evidence of crimes committed outside California. As will appear, his contentions lack merit. To place his claims in perspective, we review the process by which the three warrants were obtained.
(1) First warrant
On the afternoon of May 14, 1983, later in the day of defendant's arrest, the first telephonic affidavit for the search of defendant's home was presented to Judge Beacom of the Orange County Superior Court. The information investigator Sidebotham had submitted in the affidavit for the search of defendant's car was incorporated into this affidavit. Sidebotham stated that, during the search of the car, he had found vials of various prescription drugs, prescribed for defendant, in the car's glove compartment. One such drug was propranolol, sold under the trade name Inderal. An empty vial of Valium was found behind the driver's seat. Two beer bottles were also found in the car. In the trunk of the car several photographs of males, some clothed and others unclothed, were found. One depicted a man who appeared to be dead, sitting on a couch. The passenger seat cushion was found to be saturated with what a criminalist determined was blood. Gambrel, however, was not the source of the blood, as his body had no obvious injuries that would have caused any great amount of bleeding.
The pathologist who performed the autopsy on Gambrel had informed Sidebotham that the cause of death was ligature strangulation. Side
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