re: Search warrant question.

quote:

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B. if a warrant is issued to search for evidence of say, the presence of stolen property, and during the search, they spot a bag of green leafy "spices". They don't know if it's weed, but they are suspicious it might be. It might be bag of oregano. Can they open it and snif it? It cetainly doesn't contain stolen property, which is what the warrant stipulated they were looking for. Can they take it under a presumption that it might be an illegal controlled substance, or are they required to request a second warrant before they can legally use this as evidence of a crime?


Plain sight.

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It's a little more tricky than that. If they were looking for a stolen Tuba from the band hall, and they were opening bedside drawers in the search, there might be a suppression issue.

If it was sitting out for the world to see, then the kid might have a problem.

There isn't enough info here to speak in more than generalities though.