Legal Question in Criminal Law in California

search & seizer

a search warrent on a resident for glass ware as in cooking meth... a search of the the house and garage is conducted. not glass ware of any kind is found. how ever a small amount of cocaine is in the bed room of the subject .. is the cocaine promisable. ??this is a closed case and old. i am just wondering for my own reason..


Asked on 1/06/08, 4:40 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: search & seizer

Police who are looking for something specific while executing a warrant are not required to ignore other evidence of criminal conduct that they find. They cannot search more broadly than the warrant reasonably requires (for example, if they are looking for a stolen microwave oven they can't go through pockets or small drawers), but anything they find while working within the terms of the warrant is fair game. Requiring them to ignore such evidence would not further the interests of justice.

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Answered on 1/06/08, 5:39 pm


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