Legal Question in Criminal Law in California

The police had a search warrant for my house about two years ago, on the affidavit it stated they were looking for evidence that was used in means of commiting a felony, the crime was for an attempt to murder charge. it was my group of guy friends who were accused, but since i am affiliated with them, the police searched my house too. They took a lot of stuf of mine that i want back now. but can they charge you with evidence for another crime they found while searching my house? or can they only charge me with the attempt to murder crime they originally came for?(based on the search warrant)


Asked on 1/21/10, 2:13 pm

1 Answer from Attorneys
Robert Marshall Law Office of Robert L, Marshall

A police officer can seize obvious contraband during the course of a search.

For instance, if the police had a warrant to search a house for weapons and found a pound of heroin in a drawer, they could seize the heroin.

However, if the officers were searching for an elephant, they would not be able to look in drawers because an elephant wouldn't fit.

Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like this site, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.

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Answered on 1/26/10, 3:46 pm


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