Legal Question in Criminal Law in California

search warrant guidelines

im trying to find out if during a raid when the warrant is for fraud and paperwork only but they find drugs can they charge you even though the warrant wasnt for drugs? and file a drug charge against you a year later for it. shouldnt they have taken me to jail the day they found the drugs.why do they need a year to gather evidence for that, when what they really came for they were unable to find.


Asked on 4/11/05, 4:30 am

2 Answers from Attorneys
George Woodworth Law Office of George Woodworth & Associates

Re: search warrant guidelines

Thank you for your question. Generally, an officer who is in a lawful position can observe illegal substances, or contraband, and then take possession of it for analysis, and/or prosecution. If you need more guidance, contact our office. GWW

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Answered on 4/11/05, 3:28 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: search warrant guidelines

Police who are properly executing a warrant are not required to ignore unexpected evidence of other crimes. Whatever they see while they are searching the premises described in the warrant is fair game.

There are many possible reasons why you were not arrested at the time of the search, but the reason really doesn't matter. Police are not required to arrest a suspect on the spot, and a decision not to make an arrest has no effect on the D.A.'s authority to file charges.

There are also many possible reasons why the investigation has taken a year. Here again, the reasons don't matter. As long as the charges were filed before the statute of limitations had run, you can be prosecuted.

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Answered on 4/11/05, 4:55 pm


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