If the police search your house legally but confiscate things that are not on the warrant, are those things admissible in court?

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If the police search your house legally but confiscate things that are not on the warrant, are those things admissible in court?

My home was searched and they took a bullet proof vest and police belt that were not on, or in any way, related to the items to be seized!

Asked on January 4, 2012 under Criminal Law, Oklahoma

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your home was subject to a validly issued search warrant and items not specifically stated on the warrant were taken (police belt and bullet proof vest), those items seized were probably done so as being related to the possible crime that the search warrant was issued in connection with and would very likely be admissible evidence at any criminal proceedings in the future unless there is a ruling that a constitutional violation has resulted with the seizure of the items you have written about.

Given the gravity of the situation that you have written about, I suggest that you consult with a criminal defense attorney about the search warrant at your home and the items seized.


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