Legal Question in Constitutional Law in California

Search warrants

If a valid search & seizure is conducted of a house for an investigation of person A, can they persue an investigation of person B from evidence found in the house or is this not allowed, since the evidence found does not pertain to person A?


Asked on 3/18/04, 1:43 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Search warrants

The police can begin investigating a second person based upon evidence they see while executing a search warrant in another investigation.

A warrant limits where police can search and what they can seize, but it doesn't limit what they can do with information they learn during the search.

In most jurisdictions, this is true even if the warrant is invalid or if it was not properly executed. An improper search of someone's home is an invasion of his or her rights but is not considered an invasion of the rights of third persons whose crimes may be revealed by the search.

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Answered on 3/18/04, 1:49 pm


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