What can I do if my 4th amendment has been violated?

UPDATED: Sep 30, 2022

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What can I do if my 4th amendment has been violated?

A search warrant was obtained for my home relating to fraudulent documents, the
search warrant was very specific depicting documents/credit card numbers or any
identifiable information to persons not in the home. Nothing relevant was found
instead they located a misdemeanor amount of marijuana and Paraphanelia. This
search warrant was very clear relating only to documents nothing relating to
drugs/Marijuana. When asking the detective I received the reply ‘Im not going
to play lawyer with you son’ I firmly believe my fourth amendment right was
violated as it states that the warrant must
‘particularly describing the place to be searched, and the persons or things to
be seized. ‘
In my case the marijuana/Paraphanelia not in any way shape or form listed in
the warrant.
Is this a clear violation of my fourth amendment and what can I do about this.

Asked on April 10, 2016 under Criminal Law, North Carolina


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

Answered 6 years ago | Contributor

During the execution of the search warrant, other items that were discovered or were in plain view such as marijuana or drug paraphernalia are admissible evidence against you.  If the items were in plain view or discovered during the execution of the search warrant, your 4th Amendment protection against unlawful search and seizure has not been violated.

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