The police have a search warrant for items specifically about " John" no one else, but while searching the house they remove a DVD with the name "Frank" clearly written on the box of the DVD. Can that DVD be ruled inadmissable because the warrrant said to search fo anything about "john" not "Frank"?
2007-09-10 12:35:28 · 7 answers · asked by Mike 1 in Politics & Government ➔ Law Enforcement & Police
The warrant would be issued to look for evidence against "John". They would be allowed to search any common areas, or the entire house (depending on the warrant). They are not limited to just property with his name on it. If that was the case all suspects would just write someone elses name on everything that may be used against them.
If you are "Frank" and you just want your DVD back they would release it to you once they decided it had no evidentiary value.
Unless it did have evidence of the crimes, then "Frank" may also now be a suspect.
2007-09-10 13:10:35 · answer #1 · answered by Kevin 6 · 1⤊ 0⤋
Yes, the DVD can be seized as long as the police found the DVD pursuant to a search warrant. The police can look for all items listed on the search warrant. If they find evidence that was not listed on the search warrant, they can seize it as long as they were legally allowed to be in that place to start with. An example would be the police have a search warrant for your home, and they are looking for a stolen stereo. They (the police) can look anyplace a stolen stereo could be located in your home as long as they have the search warrant. If the police during their search of your home, they find a stolen T.V., the T.V. can be seized. The police would have to convince a judge that the items labeled Frank was evidence that needed to be seized.
2007-09-10 12:58:20 · answer #2 · answered by Joseph 1 · 1⤊ 0⤋
If whatever they were searching for could not possibly fit in the box in question, you may have a case. As long as the DVD was found while searching areas the warrant allowed, it can be used.
2007-09-10 14:09:57 · answer #3 · answered by STEVEN F 7 · 1⤊ 0⤋
Here is a hint, if you have anything at all that you don't want the police to see NEVER CONSENT to a search. A search that is consented to is never illegal. In the given example even if the police did get a search warrant and eventually searched the house anyway, an attorney can contest the validity of the search warrant at trial. There is almost nothing an attorney can do with a signed consent form.
2016-04-04 00:58:58 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If it was an item that was listed in the search warrant then yes.
2007-09-10 13:05:57 · answer #5 · answered by woodyhou 4 · 0⤊ 0⤋
depends if this "Frank" lived with John or not.. "John" could easily write "Frank" on a DVD that he wanted to say wasn't his but really is.
2007-09-10 12:50:56 · answer #6 · answered by linz 4 · 1⤊ 0⤋
If it was an area "John" had access to then yes.
2007-09-10 12:42:59 · answer #7 · answered by Feivel 7 · 1⤊ 0⤋