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Search warrants are for specific items and that is all they are allowed to confiscate. Depending on what state you are in if they find items pertaining to a different case they have to get a new search warrant. If the items were in plain view that's a different story but if it was something they "dug up" then they need a search warrant.

2007-08-22 12:57:24 · answer #1 · answered by Georgia Peach 4 · 0 0

The training I had during my time in the service, was that if a search warrant is being executed for a particular reason, they normally cannot confiscate anything not associated with another case. If they do however sight in plain visible sight anything that is considered illegal under any law or jurisidiciton they can confiscate the item and place the individual under arrest for that particular charge in addition to any items seized under the search warrant.
This also applies to anything such as hidden weapons that are uncovered during the search. This can only happen if the items are uncovered in accordance with the search warrant, such as in a multifloor house, the warrant must specify the entire residence including any other spaces, such as basement, garage etc. If it states the residential areas only, the garage could be considered out of the realms of the search warrant.
Your best advice if you had such an experience would be to contact an attorney or the Attorney General for the state you live in and give ask them for assistance, since the laws can vary by state as another reader stated.

2007-08-22 13:19:22 · answer #2 · answered by handyman 3 · 0 0

A warrant issued by a court allows the law enforcement agency to search for the items specified in the warrant at the location(s) specified in the warrant and seize such items. Whichever case they pertain to is not relevant as long as the warrant is valid accurate and competently issued and executed. Most warrants expire after a certain time frame. Some specify hours of execution. You have a right to look at the warrant but not to block the progress of it's execution if it is a legal warrant.

2007-08-22 13:06:53 · answer #3 · answered by 000 2 · 0 0

They can't LOOK for items not listed in the warrant. However, if they search a location where the items listed could be hidden, and FIND items related to another case, they can seize them.

2007-08-22 13:55:54 · answer #4 · answered by STEVEN F 7 · 0 0

Yes and No. A search warrant specifically states what is being searched for: ie, drugs, paraphernalia, packaging materials, etc. If during the course of that search I see something that I know was associated with another crime, I would go back to the judge and obtain a second warrant and broaden the scope of my search.

2007-08-22 12:56:30 · answer #5 · answered by hardwoodrods 6 · 1 1

it's mostly unlikely, but if the officers encounter an item related to different cases may seize it for probably cause. Search warrants enable officers to search for anything related to cases or other criminal charges

2007-08-22 12:52:47 · answer #6 · answered by Anonymous · 0 0

They cannot look for them specifically, but if they find them in the course of executing a search warrant for another issue, then yes. BUT if lets say the cops are looking for a shotgun, and they look in a small box next to the bed and find some drugs, they would not be allowed to use that against you, because it is not reasonable to look for a shotgun in a small box.

2007-08-22 13:12:02 · answer #7 · answered by Kevy 7 · 1 0

There is something called a plain view doctrine which prohibits police physically moving or uncovering something. If the item is in plain view of an officer he can seize the item.

2007-08-22 12:53:02 · answer #8 · answered by Glen B 6 · 0 0

They can not "search for" items not on the warrant. But if they are legally in your house and see something illegal, they can seize it and use it as evidence against you.

2007-08-22 12:55:45 · answer #9 · answered by Kenneth C 6 · 1 0

Yes

2007-08-22 12:52:25 · answer #10 · answered by kys 4 · 0 0

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