Legal Question in Criminal Law in California
Police came to my house with serch warrent for stolen lap tops. They serched 5 roommates bedrooms no stolen lap tops but found a drug pipe in a roommates room who wasn't here. Can they come back to the house with another serch warrent for drugs? We had no idea this roommate had drug pipe in her room.
3 Answers from Attorneys
They don't need a new warrant in order to use the evidence they found the first time, unless the only reason they found it was because they were conducting the search improperly. But if they want to search more thoroughly for additional drugs, then they can indeed get a new warrant based upon what they have already found.
Mr Hoffman provides you with a good assessment
I agree with Mr. Hoffman. Search and seizure questions are factually intensive, which means they depend on the factual specifics. That's something you should discuss in person with an attorney.
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