Legal Question in Criminal Law in Florida
if your house is raided for prescribed controled substance and related pharafanalia and the find weed belonging to someone else not related to the raid for PCS can they arrest to that person on probable cause or would they need to aquire another search warrent and return later?
-note-the police had a warrent for the search of the house and the arrest of 2 people living there and anyone else found violating the law in connection with same
1 Answer from Attorneys
If the police have a valid warrant and conduct the search properly, then they can seize evidence of other crimes. They can also arrest other suspects based on that evidence. They are not limited to evidence of the crimes that they were originally investigating, and they would not need to get a new warrant.
Sometimes police find only indirect evidence of other crimes while executing a warrant. To illustrate: police who have a warrant to search a house specifically for stolen big-screen TVs might see evidence of drug manufacturing (precision scales, baggies, ingredients, etc.) and believe there are drugs in the house. But their original warrant won't let them look in drawers, pockets, etc., since the TVs they're looking for couldn't be hidden there. In that situation they would need to get a new warrant. But some of the police could remain in the house while they wait for the warrant to arrive, in order to ensure that the evidence isn't destroyed or removed in the meantime.
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