Legal Question in Criminal Law in New York

Illegal Search of Split Property

Can you search a property not listed on a search warrant if it is open to the other property?


Asked on 10/31/03, 8:07 am

1 Answer from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: Illegal Search of Split Property

the way you phrased your question is confusing.

A search is limited to the description of the property to be searched and what is being searched for.

However, there are several exceptions which are familiar to all persons who work in the criminal justice system. One of these is the 'plain sight' exception.

The way you wrote your question, this is the answer you are looking for. The answer is 'yes'.

You are welcome to a consultation at no fee at my offices at 42 West 44th Street (near Times Square). Please call for an appointment first (646) 591-5786.

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Answered on 10/31/03, 11:44 am


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