if a search warrant is specific about one item and they find other items can they charge you with the other items?
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if a search warrant is specific about one item and they find other items can they charge you with the other items?
Asked on June 23, 2009 under Criminal Law, New York
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
In many cases, the answer is yes. If the other items they find were in plain view, or in a place that the specified "target" item could have been, they can be used as evidence against you. The line gets drawn, usually, if the search went beyond places that the "target" item could have been, and that depends on the facts. If the warrant is for pills or stolen jewelry, there's really no limit to where in the premises the search can go. On the other hand, if the search warrant is for assault rifles, they can't use anything they find by opening your medicine cabinet.
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