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the franchise tax board came to my house with a search warrant to look for tax papers,reciepts and other related business items and discovered marijuana growing instead. i was arrested and charged with posession for sales. anyway to get this thrown out of court ?
Asked on May 8, 2009 under Criminal Law, California
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The police can search only the place described in a warrant and usually can seize only the property that the warrant describes. The police cannot search a house if the warrant specifies the backyard, nor can they search for weapons if the warrant specifies marijuana plants. However, this does not mean that police officers can seize only those items listed in the warrant. If, in the course of their search, police officers come across contraband or evidence of a crime that is not listed in the warrant, they can lawfully seize the unlisted items.
There may be other grounds to get this thrown out on however. Since you didn't provide more details it's hard to say. One thing for sure, this is a very serious mater. You need to speak with an attorney ASAP.
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