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re: Search warrant question.
Posted on 3/12/15 at 10:04 am to HubbaBubba
Posted on 3/12/15 at 10:04 am to HubbaBubba
quote:
They didn't find what they were looking for, but did find a bag of weed in the kid's room and they took it for testing. So far, no arrests, but they expect a knock on the door at anytime. Since this was not what the warrant was written to search for, is the siezed weed legal evidence or not?
The police were legally allowed to be there per the warrant, so whatever they found that was illegal is fair game.
Similarly, say I searched your residence for an illegally possessed animal, like an alligator, and in the course of executing the warrant found drugs or drug paraphernalia, you can be arrested/charged for the drugs bc I, the cop, was legally allowed to be in your house.
1
Posted on 3/12/15 at 10:24 am to brass2mouth
quote:
The police were legally allowed to be there per the warrant, so whatever they found that was illegal is fair game.
Similarly, say I searched your residence for an illegally possessed animal, like an alligator, and in the course of executing the warrant found drugs or drug paraphernalia, you can be arrested/charged for the drugs bc I, the cop, was legally allowed to be in your house
No, if the drugs weren't listed on the warrant or in plain sight, that's inadmissible evidence.
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