Legal Question in Criminal Law in Delaware

Search and Seizure

What happens if during the legal search

of a home for something relevant to a

crime some drugs are found that are

not at all related to the search warrant?


Asked on 11/09/08, 7:57 am

2 Answers from Attorneys

John Davidson Law Office of John A. Davidson

Re: Search and Seizure

They are seized and even if it was an illegal search which it probably wasn't you won't be getting them back.

How can they seize items not on the warrant? Because they were in plain sight.

how could that be? Say that they were looking for a gun. They may open any container that is big enough to hold the smallest item they are looking for. Once that container is opened then anything in it is in plain sight.

If you have any questions feel free to contact me. the initial consultation is free.

{John}

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Answered on 11/10/08, 1:33 pm
Brian Zeiger Levin & Zeiger LLP

Re: Search and Seizure

if the cops come in and look for a dead body, but while they search for the corpse they finds guns and drug, you can be charged with the guns and drugs. as long as the initial warrant for the body was illegal, you can be lawfully charged with the gun and drugs. its rough. feel free to contact me for a free consultation.

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Answered on 11/10/08, 10:03 pm


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