California: If a warrant doesn't mention firearms or cash can they be taken?

This is for California.
I am wondering if a search warrant is issued and it says nothing about cash can they still take it? If so how?
Also if the search warrant does not mention firearms and they were legally registered to people living in the home can they be taken?

Was the cash the suspected proceeds from the sale of illegal narcotics? What amount of cash was taken?

Were the firearms in any proximity to illegal narcotics? Were you arrested and charged with any felony violations?

No there was nothing drug related in the search of the house. There was $6,000.00 Taken. The firearms were in no way close to any illegal narcotics. When arrested there was a single felony charge for selling downloaded software (which was only sold 4 times) but the money was all made by the selling of personal possessions and a SSI payment.

SueDeBari said:

This is for California.
I am wondering if a search warrant is issued and it says nothing about cash can they still take it? If so how?

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That depends on the language of the items to be seized in the search warrant and whether or not they were evidence that was identified during the search.

It will all turn on the language in the warrant.

Also if the search warrant does not mention firearms and they were legally registered to people living in the home can they be taken?

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See above.

Bottom line is that the answer to your questions are: "Maybe."

SueDeBari said:

No there was nothing drug related in the search of the house. There was $6,000.00 Taken. The firearms were in no way close to any illegal narcotics. When arrested there was a single felony charge for selling downloaded software (which was only sold 4 times) but the money was all made by the selling of personal possessions and a SSI payment.

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You'll have to ask the police why they took the firearms - there are a number of reasons why they might have been seized.

As for the money, if they were looking for evidence of illegal software pirating then the money was probably sought as proof of that. The defendant may have to prove to a court that he sold items and received an SSI payment that totaled what they seized ... woe to him if they have proof that he was paid that money for software or other services!

Yeah the thing is that the man who we are talking about has been found by 3 physicians not to have the competency to stand trial due to a surgical removal of part of brain (He was the victim of a crime in which he nearly lost his life and had 2 brain surgeries)
If I am his mother and he cant handle court is there a way I can convince who ever needs to be convinced about how he got the money?
Can I approach the stand in court and tell the judge why he needs the money and how he got it?
Or is there another way to request it back?
He hasn't been able to work for a year and he is in dire need of money.
Thanks in advance-

SueDeBari said:

Yeah the thing is that the man who we are talking about has been found by 3 physicians not to have the competency to stand trial due to a surgical removal of part of brain (He was the victim of a crime in which he nearly lost his life and had 2 brain surgeries)

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Which means nothing with regards to the validity of items seized in the search warrant. It might provide an affirmative defense at trial, but not directly for a challenge to the warrant.

If I am his mother and he cant handle court is there a way I can convince who ever needs to be convinced about how he got the money?

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His attorney can decide how best to approach that. It is probably not advisable for you or any other family member to go forth and make willy-nilly statements that may come back to bite you (or him) in the behind later.

Can I approach the stand in court and tell the judge why he needs the money and how he got it?

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See above.

Or is there another way to request it back?

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If he is acquitted or the evidence released for whatever reason, then he can seek to get it back. It's a little early now.