Home     Links     Contact Us     Bookmark  
 
   Homepage      News      Legal Forum      Dictionary  
Home : Legal Forum : Law Enforcement & Police

If the cops have a search warrant tof ind something, but find something else could i get in trouble?
Find answers to your legal question.





If the cops have a search warrant tof ind something, but find something else could i get in trouble?

Example: Lets say i killed someone, and i stashed the weapon in my house, they get a search warrant to search my house and find a bag of cocaine? Can i get in trouble for that?


    




Dr.Bucksnort
Rating
sure can , if a police officer has a warrant to search your house , and in the course of the warrant search he or she finds like you said drugs , yes sir your going to be prosecuted for that , now on the same line here , lets say your being served a warrant for a stolen car , the police officer can't look in your breadbox because you could not keep the car in a bread box , thus the warrant would not cover that


El Scott
Yes the coke is abmisable as evidence. Except in very rare cases.

Here is the deal. In your example the Police are looking for a gun and evidence of the crime of murder. On the search warrant will be a list of things they are looking for. In this case the fire arm would be on the list. There will also usually be a catch all (which the courts allow) that says something like "any other evidence of the criminal nature" which is needed to investigate serious crimes (i.e. murder).

Okay,
Now if the Police were looking for a stolen piano and the only thing listed on the search warrant is the stolen piano then there may be a problem. If the cocaine was found in a desk drawer for example then it would not be allowed in court. Logically you can not hide a stolen piano in a desk drawer so the police have no authority to look in the desk drawer. You can however, find a gun in a desk drawer. I hope that example makes sense.

If I was facing murder charges (i.e. life in prison or the needle) I wouldn't worry too much about a little cocaine charge.


sweetie_baby
Depends on the scope of their warrant, and where it was found. If there warrant was specific to the weapon, and it was a plain site warrant, and the cocain was well hidden, no.

It all depends on the warrant.


chuck_junior
Rating
Yes. It's called an incidental discovery resulting from a legal search.


Dog Lover
Yes........ anything found during a search warrant is admissible in court.


chesney
Rating
Oh my god yes!!!


ph_yo
yep.


govtagent_2001
Rating
You can get in trouble and serve time most definatly


BrutalBaby
It depends on the scope of the search. Most warrants are worded in such a way that it would be legal for the cops to search every crook and cranny and pinch you for anything illegal.
However, I have heard of evidence being thrown out of court b/c some objects found did not fall under the scope of the search outlined in the warrant.
I'm pretty sure you'll get into trouble but it depends on how slick your lawyer is in the end when it comes to these things.


federal pig
Rating
yes and no. it depends on the scope of the warrant. if all the specifications of the document were followed (i.e. only certain rooms may be searched, or certain places....) and they find something else, its considered good faith. the police were acting in good faith and just happened to find some other illegal activity.


Kenneth C
A lot of people are way off here.

If they have a search warrant to search your house, they have a legal right to be inside of your house. So if they find something illegal, it falls under plain view and you can be arrested for it.

There is the issue of the scope of the warrant though. If they have a search warrant for a gun. They walk into the living room and find the weapon sitting on the table. If they then go upstairs and continue searching and find a pound of marijuana. The marijuana would most likely be thrown out because once the police found the gun, they are done searching. Nothing more can be done, except a brief protective sweep for any people that might be in the house.

Also with the scope of the warrant calls for common sense. If the officers are looking for a stolen oven and one goes through some dresser drawers and finds a bag of meth, the meth would probably be thrown out, because common sense would tell you that an oven can't fit in a dresser so that is beyond the scope of a search.

When you are serving a search warrant, it is very clear in what you can search and where.

But in general if they are looking for something in your house and find something else illegal, you can and will be arrested for it.


whobeme021
Not at that time. However, they probably have a right to issue a second warrant for the drugs, etc. later on. They will usually secure anything illegal they find.


Keith
Using your example the cops will probably name both the weapon and the ammunition that fits the weapon in their search warrant. That gives them the right to look any place in your home that is large enough to contain what they're looking for. You can hide a bullet in some pretty small places so they can look pretty much where they want to and if they find something illegal in the process then it becomes evidence and you'll be in trouble. On the other hand if you are a suspect in the theft of a lawn mower and they come to your home looking for the lawn mower in your night stand drawer and find cocaine then you'll probably get off.


Blue Steel & Lace
Yes - you can.


Not Me!!
most warrants say right to search "premises" at such and such Addy. Premises being the key word, anything hidden or in open is search-able. Any illegal substances, stolen property, etc. etc. can be confiscated and you can be charged.


Kevy
yes in the course of the search and they find anything illegal, you can be charged and the whatnot.
but if you killed someone and they got enough on you for a search warrant, the coke is the least of your worries.


TG79
yep, if the coke was anywhere the weapon could have been hidden then they got you. if the coke was hidden where no weapon would fit then maybe you got a case....BUT usually cops are use broad encompassing terms in their warrants. If they are also looking for "evidence of the weapon" such as ammo or paperwork then you can not hide anything...

In the long run(in your example) you are a doper that got caught and is looking to manipulate the system to shirk the responsibility. Jail would be good to kick the habit.

I hope it is just a hypothetical situation.


Lance
While the warrant is specific on one particular find if there are things in "Plain View" then they take be ceased and you can be charge accordingly. Now if they found the weapon and decide to rummage further on then NO you cannot be held nor charged with that...and any lawyer can get you off on that...but you also have to take into account the state and municipality you are in as well.


chuy
Yes. They may not have the power or evidence to incriminate you for murder but they can arrest you for drug abuse. The warrant serves as a passport not only to enter your house but to search it to. The D.A. can file any case on you if they have evidence depending on what was found in your house even if it wasn't the case they were looking forward to because they didn't find the evidence but found a new evidence for a new crime.


Orlando M
if the warrant served specifically state that it was served for
a weapon's search and yet the cops found a bag of cocaine
instead, I believe that since cocaine is an illegal drug you can
be arrested even without search warrant. However since the
cops failed to find a weapon in your premises they cannot
arrest you for murder or homeside.


pritiyves
Rating
in the philippines it would not be valid. search warrant sare supposed to be particular as possible as to the things to be searched/seized. if they have a warrant for murder, a bag of coccaine can't be seized if it's wasn't part of the warrant.

the warrant should also have only one violation of a law. unless it's a special crime i think, but that's a different story. if you are being searched because of murder, search of coccaine because of its possession cant be considered valid if it's not the crime described in the warrant.


California Street Cop
Rating
Yes. If a warrant gets them in, anything they find is admissible. Heres is the caveat.

If the warrant is to search for a person or something large, then they can only look in places a person or something large could be found. If they found a bag of dope or a machine gun in a drawer where a human or something large could not possibly be, then that contraband could not be used as evidence in a court case. If the contraband was in plain view then they would have another warrant issued right on the spot.


BOLT FAN!!!!
Rating
police had a warrant for drugs to raid michael vick's house, not dog fighting. everything there was seized.


tallerfella
Yes..........enjoy prison

As long as it is reasonable that a knife could be hidden in the same area and the parameters of the search were not violated. If they are at you house looking for a car and look in the closet, you would pretty much be safe. Your coke would be gone but it would not be admissible in court.


dojoman
yes indeed...in fact, the penalty for murder is lower...


Frankie
Rating
YES, ANYTHING THEY FIND THEY WILL USE AGAINST YOU.


sarcasm_generator
It is my understanding that the warrant is narrowly defined based upon probable cause.

I think anything found that wasn't part of the original reason for the search would be inadmissable/non-prosecutable.

Good question. I'd like to see what the responses are. I'm curious about the facts beyond my speculation. Perhaps a lawyer will reply.


kittie
if it is out in the open, then yes, you can get in trouble. however, if they have the warrant to search your house and they find the cocaine while searching, then no.


Jon H
yes, they are cops, they do whatever they want and explain later.


Aviator - THE Resolution
Rating
From what I understand, they can only take evidence that the search warrant is specifically looking for. So if they specify cocaine as what the warrant is for, they can only take cocaine as evidence. But I would assume they say things like "illegal drugs, and other illegal activities" on the warrant to cover anything they come across. But I really don't know for sure. I'm sure someone will give a better answer.


My yahoo tool bar disappeared?
No. If I read your question right.
If they are looking for illegal drugs and find counterfeit money for example, the answer is no.
But I'd be careful about counterfeiting after that.





 Enter Your Message or Comment


User Name:  
User Email:   
Post a comment:




Legal Discussion Forum

 Would legalizing weed really lower the crime rate ?
I've heard many say that if we legalize maryjuana people wouldnt have to go through desperate measures to attain it or kill each other in bad drug deals . I've also heard that in parts ...


 Should we use prisoners serving life with no parole as crash test dummies to get a more realistic result?
That way they could be of some use to society and would take pressure of the prison system!...


 The U of Florida Taser incident, what is your oppinion?
i think everyone has seen it, but here is the link anyway:
http://youtube.com/watch
Here are the viewpoints that I have heard. I am on the fence between two of them:
...


 Why don't you forbid selling arms in USA.Don't you agree that it is safer in Europe where arms are forbidden;
...


 Help! I'm going to jail!!!?
I just found out I was denied for a gun due to a warrant here in SC. It was back in 2001. I pulled a girl off my friend at a bar and after the police came they had me down as a witness but I found ...


 Are you supposed to report it when you find bullet holes in you windows...?
I heared a loud crack a couple of weeks ago late at night but when I went to investigate with the dogs we couldn't see anything amiss...However whilst decorating my bathroom 2 days ago I found a ...


 Strip Searches?
Personally i do not find the fact undressing in front of a bunch of strangers that i do know now. I find this strip search a pure violation of my privacy and no one can change my mind on that. But if ...


 Poll - do you trust the police in your area?
...


 Would i be allowed to watch a trial at court?
im a criminology student and never been in a court room, am curious to see exactly what goes on.
Does any one know if i would be allowed in to obseve even if i am not connected to the ...


 Do you hate cops pt.2?
no not everyone that hates police are 'criminals". most people i know that hate cops arent "criminals" and have never been arrested, myself included. its their lack of respect ...


 What is the point in having the right to remain silent when questioned by police...?
when, when you appear in court, you are sworn under oath to tell the truth....


 Is it legal for a compnay to not hire an individual because they are a smoker? Is that discrimination?
...


 Do you think alcohol and drugs are the biggest culprit for the problems we have in society as a whole?
...


 Why don't a lot of youth today have any respect for law enforcement officers?
Is it their parents or just society as a whole? I see a lot of the kids that I deal with are disrespectful to the law. Most of their parents stick up for them (although calling us a week later when ...


 Should Guns be banned in usa ? R they the main source of violence ?
...


 Do you think that the police should be given powers to ban youths from town centres?
...


 Recently i got arrested for Shoplifting.?
I'm a Juvinile and i have no Previous record of Anything.
What kind of punishment do you think the intake officer could come up with?...


 What is the fine for driving without a sealbelt?
...


 My wife rapes me what can i do ?
...


 Just got a speeding ticket through the post, if i cant remember who was driving me or my wife, who should pay?
or do the police have to prove who was driving, both of us are registered to drive the car and insured....




Copyright (c) 2009-2013 Wiki Law 3k Friday, October 31, 2014 - Trusted legal information for you.
Archive: Forum  |  Forum  |  Forum  |  Links
0.044