Search Warrant Question Anyone?

Question

Detective Callahan has been investigating Earnest for a string of burglaries in his town. Callahan has so far been unable to develop any probable cause linking Earnest to the break-ins but he has a hunch Earnest is storing some of the stolen property (several guns, televisions, and stereo equipment) in his home. Callahan mentions to a Fish and Wildlife Officer that he believes Earnest is doing some break-ins. The F&W Officer tells Callahan that Earnest is currently under investigation for a number of hunting violations.
Several weeks later the F&W Officer calls Callahan and tells him that he has gotten a search warrant to search Earnest's home for the Wildlife Violations. The evidence the F&W Officer is looking for includes traps, animal hides, tanning gear etc. The F&W Officer asks Callahan if he wants to help serve the warrant. Callahan agrees and goes to Earnest's house with the F&W Officer. While searching the house the Officers find the stolen property from the break-ins.

Is the stolen property admissible as evidence against Earnest for the break-ins? The search warrant was for the entire house and the stolen property was found sitting on the floor in the garage with a tarp over it.

Uh, I'm not doing my Criminal Justice homework. Just asking a scenario based question. I do this from time to time; it improves the intelligence around here and makes people think. It is better then reading questions like: "Why are the police all______ (racist, mean, uncaring, etc.)?"

Sorry for any confusion but for the sake of argument the garage is covered in the search warrant.

Okay, answer time. I saw some really strange notions about search warrants in some of these answers.
Here are a few quick references for search warrants:
-A search warrant gives officers a legal right to invade someone's privacy. In the case of a house it allows the officer to enter someone's house.
-Almost anyone can go with officers on a search warrant service so there is no problem with Callahan going with the F&W Officer here.
-The requirements for seizing something on a saerch warrant service is that there is probable cause to believe the item seized is evidence of a crime. So there is no problem with taking the items believed to be stolen from the B&E's. Even though the search warrant does not cover the stolen items.
-Since the officers have a reason to be where they are and can seize the items from the B&Es there is no reason to go and apply for another search warrant.

I think that covers most of the high points in this question.

Answer 1

Yes, it will be admissible.

Because the stolen items were in a place covered by the warrant, in an area where items sought in the warrant could have been located, officers were justified in looking there. Once located, the other items were, for all practical purposes, in "plain view" and will be allowed in court.

Answer 2

Yes,I believe that Callahan seeing the stolen items while "helping" the F&W Officer would then constitute probable cause and he then could request a new Warrant be issued for the stolen items on that property. However, if no new warrant is issued and he goes ahead and seizes the stolen items without requesting one, then the items probably would be found not admissible in court. As far as the garage is concerned, usually the residence, lands and any outbuildings of the property described are included in the warrant. I'm not too sure about the "Plain View" doctrine applying here, since the detective would for all practical purposes have to check the serial numbers of the stolen items to be sure they were stolen. If I were Detective Callahan, I would at least first check with the States Attorney and then with his approval, I would request a new warrant be issued by a Judge. That takes all the guess work out of it and relieves the Officer of a Civil Suit for Illegal Search and Seizure if things go crappy later in court. Good old C.Y.O.A applies here.

Answer 3

The only thing that is admissible is what is stated on the warrant, i.e., traps, animal hides, tanning gear, etc. What Callahan can do at the time of discovery is call from Earnest's house and get a search warrant for the stolen goods. Otherwise it would be considered poisonous fruit.
Been involved in a similar scenario and this was the process we followed.

Answer 4

If a detective from one jurisdiction has a warrant to search someone's house, is he allowed to bring along someone from a different jurisdiction, different department? That'd be one question I'd have; the other would be how would the F&W Officer know the property he'd found under the tarp was stolen?

I know, much smarter guys have already answered, but the only problem I saw with the scenario was Callahan's presence. After all, if he had enough evidence to say the man was suspect then he should have had his own search warrant lol.

Answer 5

I do not work in law enforcement. I am a computer guy who thinks self has some wisdom and common sense.

It is extremely important to have a system of justice where there can be proof of crimes based on clear chain of evidence, not hunches & suspicions, but which can help to gather such evidence.

When a search warrant is issued to look in a particular locale for one type of thing, and in that locale, seen in plain sight is some OTHER suspicious thing, like say a hand gun, bloody panties, items that may be stolen, they certainly can be seized as evidence to go through the process of determining ownership.

If there is evidence in computer records, and computer records are not specifically named in the search warrant, then it may not be valid to copy that evidence.

Similarly with photographic evidence in a cell phone, or other equipment.

While carrying out one search, and the police see a computer, cell phone, camera, etc. that were not named by the search warrant, they could call the DA to call the judge to have the warrant amended, while they are on the property. I believe this can be done quite rapidly.

Answer 6

There is no problem with Callahan helping, fully legal.

However, according to the Fourth Amendment, search warrants must describe the place to be searched, and items to be seized.

If there is anything illegal found that was not listed on the warrant, they could secure the area, but would have to obtain another warrant. The only requirement would be that the new evidence was found in open view, or in a place where items listed on the warrant could be hidden.

The garage and tarp part are put there to make you think... I see the garage was not mentioned in the question, but in reality, a F&W warrant would include the garage and any outbuildings. People don't normally keep traps and hides in their house.

Answer 7

Agree with trooper on this. The F&W warrant will allow Callahan legal entry to the house. It will also allow a search of the area in the garage under the tarp. As the F&W warrant won't refer to items relating to the breaks in, Callahan will have to use his obversations of the inside of Earnest's house during the warrant service to provide PC for his own warrant.

Answer 8

Yes it is...

To break it down for you

The search warrant covers the search as we know. Things under the tarp could be things that the search warrant outlines. Now looking under the tarp items are found from thefts. They are not fruits from the poisonous tree and earnest needs to find a damn good lawyer!

Answer 9

if fish and wildlife found evidence of wrong doing under the seach warrant they where given and then found the stolen items from the break in's they would be admissable in the court. But if no violation is found under the original purpose of the search warrant than the court will throw out the evidence from the breaks in's because the seach warrant was not issued for that purpose.

Answer 10

Yes the stolen items would be admissable. The warrant covered the entire house and any objects in it. Put it this way, if they entered the house and found a pound of pot sitting on the coffee table, that pot would still be admissable, even though they were looking for something else. The warrant is not specific to a certain item. Do your own CJ homework next time.