Posted: 6/21/2006 2:34:42 PM EDT
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So I'm watching one of the older ones... And I realize it's just a "tv" show. So to my point. They get a search warrant for some books that were bought with a stolen credit card. While they are there they look for evidence of a different crime that they were already investigating. Wouldn't that be unlawful search and seizure? |
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In the execution of a warrant, you can look anywhere that the enumerated object of the search might be found. You can't look for an elephant in a cigar box. However, you can look for elephant hair in a pill bottle. Smart warrant-writers think like that. The interesting situation arises when the warrant allows the seizure of, say, "An Iver Johnson Owl-Head revolver, Serial No. 135672" and nothing else. Can they keep searching after they find the gun? Survey says . . . . . NO. Again, smart people "write around" potential problems like that, so the warrant is for "An Iver Johnson Owl-Head revolver, Serial No. 135672, and any ammunition therefor." |