Can you be charged for a drug found in your home if the drug was not listed on the search warrant?

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Can you be charged for a drug found in your home if the drug was not listed on the search warrant?

My home was searched for Marijuana and Drug Paraphernalia, small amounts
of Cocaine were found. Can I be charged for the possession of the Cocaine?

Asked on August 7, 2016 under Criminal Law, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You will be charged with possession of cocaine because it was contraband discovered during the search of your house with a valid search warrant.
If the police discovered it because it was in plain view, it is admissible evidence against you.  Even if the cocaine was not in plain view, but was discovered in the course of a lawful search of your house, it is admissible evidence against you. 


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