Locked briefcases, footlockers, etc. Does Chadwick apply here? I think Wyoming v. Houghton is the better case - it says you when you have permission to search, you can search any container that could contain what you're looking for. Am I right about this? Is there an actual Supreme Court case that says this?
2006-12-14 05:12:13 · 11 answers · asked by ? 4 in Politics & Government ➔ Law Enforcement & Police
Check U.S. v Ross, 1982, which, as a general rule defines the "scope" of a lawful search as "defined by the object of the search and the places in which there is probable cause to believe that it may be found".
U.S. v Micheli, 1973. Excludes certain personal items from execution of warrants, i.e., If I stop by your house for lunch and a warrant is executed on that address, the police can not search my brief case.
2006-12-14 06:11:49 · answer #1 · answered by Judge Dredd 5 · 0⤊ 0⤋
You can only look in places where the item you're searching for could reasonably be concealed. This includes opening closed, locked containers, but you can't search for an elephant in an envelope.
If you're looking for a stolen 35" TV set, you can't look in the dresser drawers, but if the warrant authorizes you to look for the remote control, then obviously, you can.
If you're there looking for the stolen TV, you can seize other evidence outside the scope of the warrant if it is in plain view, like the dope on the kitchen table. In this state you cannot look in the dresser drawers just because you found the dope on the table, you would have to go back to the judge and expand the scope of your warrant.
Hope this helps.
2006-12-14 05:48:53 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If you have a search warrant for a address, you can search in any container large enough to hold the item or items you are searching for.
For example if your search warrant was for a horse, you can't search in a dresser drawer. But if your search warrant is for a horse, horse saddle, and any other item used in owning a horse, then they can look in almost any container.
That is why there are always added items on a search warrant, such as all papers, recorded or electronic media that may referces a item.
2006-12-14 05:41:12 · answer #3 · answered by Anonymous · 0⤊ 0⤋
If the officer has a search warrant he can search the entire residence and any container, box, foot locker, purse, drawer, inside the residence that is big enough to contain the item named in the warrant. So if he's looking for a stolen law mower he can't look in your night stand drawer. If he's looking for narcotics or money he can look into anything that a pill or a penny could fit into.
2006-12-14 07:23:16 · answer #4 · answered by Keith 5 · 0⤊ 0⤋
Depends on what hte search warrant states.
Plain View is usually used when you allow an officer to enter your home without a warrant, and they see soemthing "in plan view" - not hidden and out in the open. Plain View can also mean that an officer can see from outside into your home an item that is out in the open.
A warrant can allow them to search bags and things if they believe an item or evidence could be hidden in such articles. They can search cookie jars, medicine bottles, shamppo bottles, if they believe these are itmes that can hide something they are looking for.
2006-12-14 05:39:01 · answer #5 · answered by arus.geo 7 · 0⤊ 0⤋
I believe the Plain View Doctrine would apply here. I suspect that a search warrant doesn't give police carte blanche to look in every corner of the house. An obvious case would be if police were, say, looking for an illegal alien, you couldn't search a cookie jar.
2006-12-14 05:22:05 · answer #6 · answered by C = JD 5 · 0⤊ 0⤋
Probably depends on exactly what the search warrant says.
2006-12-14 05:28:31 · answer #7 · answered by Anonymous · 1⤊ 0⤋
Plain View....or there is reason to believe that what they are looking for is in a specific area. Remeber, there are different types of search warrents. It all depends on what they are looking for.
2006-12-14 05:14:30 · answer #8 · answered by slickmick9000 1 · 0⤊ 0⤋
It would depend on what you were looking for. If you were looking for a weapon used in a crime, opened a drawer, saw a small tin container that could not hold the weapon, opened it and found some drugs. The person would not be charged for the possession. HOWEVER.............. the drugs would not be returned.............
2006-12-14 05:52:28 · answer #9 · answered by tallerfella 7 · 0⤊ 0⤋
The search warrent will specify which areas are covered by the warrent.Read it carefully.
2006-12-14 06:31:34 · answer #10 · answered by WC 7 · 0⤊ 0⤋