If the police came to our house with search warrant found the items listed in the warrant, was it legal for them to still continue to search?
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If the police came to our house with search warrant found the items listed in the warrant, was it legal for them to still continue to search?
Items on search warrant were found in garage that is separate from house. They found the items they were looking for in the garage and then searched the house. Further, only 1 person out of the 3 people who live there was on the search warrant.
Asked on March 4, 2012 under Criminal Law, Florida
Answers:
Kevin Bessant / Law Office of Kevin Bessant & Associates
Answered 12 years ago | Contributor
Typically a search by police of the home must be within the scope of the search warrant. Police are allowed to perform a protective sweep of areas not listed on the search warrant, but these are typically cursory searches to protect their safety, not to search other areas of the home or area beyond the scope of the search warrant. Contact a criminal defense attorney in your area as it appears that the search performed may ave violated your 4th amendment rights.
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