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To: volunbeer
see above, searching your house for drugs then finding guns also never needed a second warrant for them to take both and charge you with both
177 posted on 10/29/2016 8:48:24 PM PDT by Chode (You Owe Them Nothing - Not Respect, Not Loyalty, Not Obedience, NOTHING! ich bin ein Deplorable...)
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To: Chode

It generally does now - you can seize contraband, but to pursue a different criminal charge based on something that was not listed in the attachment of the warrant for items to be seized is outside the scope of the warrant - PERIOD.

If you searched a computer for evidence of drugs and you found child pornography for instance you need to get another warrant. Why? Child pornography is a crime and we all know it to be so it would constitute “plain view” but it IS NOT on the list of items to be seized that is part of your warrant and it is outside the scope of the investigation. You have to list the charges for which you are seeking a warrant. It’s a rifle - not a shotgun.

What you are doing MUST BE in the four corners of the affidavit. Period. It’s not carte blanche to seize any contraband you find and then pursue charges for the same. You could still seize the contraband, but you would probably lose any charges related to that on appeal.

What you are describing was true 20 years ago........ then it was under the plain view doctrine. Does not necessarily apply like that any more.


178 posted on 10/29/2016 8:56:36 PM PDT by volunbeer (Clinton Cash = Proof of Corruption)
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