If the item to be searched for is named in the affidavit for a search warrant (ex: marihuana) but was accidentally not put in the actual search warrant and the warrant was executed, an arrest was made after seizure of marihuana, would the case likely be dismissed or the arrest invalid?5

Shane, you might want to work on the polling choices. "5" is good with me, but I'm not sure what it means.

I think 420 would be more accurate .

But is that in Canadian or US?

Just goes to show you can put anything on a ballot and someone will vote for it. (I checked the results and found all 100% of the votes favored "5"). Apparently there were no exigent circumstances, so you must rely on the validity of the warrant to justify the discovery of the marihuana. Apparently the judge found probable cause to search for marihuana, but failed to correctly state that finding in the warrant. Not sure what the warrant did authorize a search for. I guess I would argue that assuming something was named in the warrant as the object of the search and the officer manages to find marihuana in the process, he can act upon that discovery and make a warrantless arrest. If I am right, I guess that means a "high 5" for the State, which is where I assume your option comes from.

Did not your U S Supreme Court recently address a similar question in a most "not friendly to law enforcement" manner??
Better read this website more often cause the number "five" has some meaning even if not intended by the initial poster