Legal Question in Criminal Law in California

need help with information on search warrant procedures when serving the search warrant at a house, and what can be concidered admissible in court to bring up new charges. Search Warrant was issued on someone for a alleged stolen item.warrant granted the police access to search property for that alleged stolen item. Police didn't find the item in question but during their search they found drugs and arrested him. Does that person have any grounds to fight his case.is what they found admissable to use as evidence against him ? The search warrant did not include anything other than the stolen item. Did not say anything about it being a warrant to search for drugs or anything like that. Need help and possible representation


Asked on 5/11/15, 1:19 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

What you describe happens often, and is usually quite legal, Officers do not have to ignore evidence of other crimes that they find while executing a search warrant, and courts do not have to exclude it. As long as the search was reasonably designed to find what the officers were seeking (for example, if they were seeking a stolen 60" television they could not justifiably go through desk drawers), anything they happened to find is fair game.

You should discuss the specifics of your case with a local attorney to learn more about your rights.

Read more
Answered on 5/11/15, 10:01 am


Related Questions & Answers

More Criminal Law questions and answers in California