West Covina v. Perkins, 525 U.S. 234, 4 (1999)

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Cite as: 525 U. S. 234 (1999)

Opinion of the Court

5-20-93, BY THE HONORABLE (name of magistrate) Dan Oki, JUDGE OF THE SUPERIOR/MUNICIPAL COURT, Citrus JUDICIAL DISTRICT.

"2. THE SEARCH WAS CONDUCTED ON (date) 5-21-93. A LIST OF THE PROPERTY SEIZED PURSUANT TO THE SEARCH WARRANT IS ATTACHED.

"3. IF YOU WISH FURTHER INFORMATION, YOU MAY CONTACT: (name of investigator) Det. Ferrari or Det. Melnyk AT [telephone number].

"LT. SCHIMANSKI [telephone number]." App. 76-77 (italicized characters represent those portions of the original document which were handwritten on the form).

In accordance with the notice, the officers also left respondents an itemized list of the property seized. 113 F. 3d, at 1011-1012. The officers did not leave the search warrant number because the warrant was under seal to avoid compromising the ongoing investigation. Id., at 1007. In a public index maintained by the court clerk, however, the issuance of the warrant was recorded by the address of the home searched and the search warrant number. Ibid.

Not long after the search, Perkins called Ferrari, one of the detectives listed on the notice, and inquired about return of the seized property. No. CV 93-7084 SVW (CD Cal., July 8, 1996), App. to Pet. for Cert. E3. One of the detectives told Perkins he needed to obtain a court order authorizing the property's return. Ibid.

About a month after the search, Perkins went to the Citrus Municipal Court to see Judge Oki, who had issued the warrant. He learned Judge Oki was on vacation. Ibid. He tried to have another judge release his property but was told the court had nothing under Perkins' name. Ibid.

Rather than continuing to pursue a court order releasing the property by filing a written motion with the court, mak-

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