Suppressing Evidence Which Was Not Named In the Search Warrant

In People v. Harmon, 90 Ill. App. 3d 753, 413 N.E.2d 467, 46 Ill. Dec. 27 (1980), a search warrant authorized the search and seizure of ' "the following instruments, articles and things which have been used in the commission of or which constitute evidence of the offense of Theft be seized therefrom: Any and all items of stolen railroad property such as jacks, forks, switch brooms, firearms for which no owner's identification card has been issued." ' Harmon, 90 Ill. App. 3d at 754, 413 N.E.2d at 469. The premises were searched and officers seized over 100 items, including CB units secreted inside a television set. The defendant sought to suppress the CB radio on the grounds that it was not named in the search warrant. on review, this court framed the issue as "what criteria must be met in order to seize an item not listed in a warrant." Harmon, 90 Ill. App. 3d at 756, 413 N.E.2d at 469.