Legal Question in Criminal Law in Minnesota

Re: Limitations of a Search Warrant

Police executing a search warrant are limited to searching for items within the scope of the search warrant. So, for example, if a search warrant only authorized a search for a television set, police would not have legal authority to search inside pockets of clothing in a closet. Knowing this police typically try to get a search warrant with broad scope. A defense lawyer will look at the search warrant carefully to determine if its scope was exceeded in the police search.

If police are looking for a computer, specified in a search warrant, then see a handgun in plain view, it is possible it may have been legally seized as evidence -- depending upon other factors. However, if the gun was found in a pocket of a jacket in a closet, it would seem more likely the search exceeded the scope of the warrant (assuming the warrant only authorized a search for a computer).

Re: Limitations of a Search Warrant

Law nforcement ay conduct a search that is within the scope of the warrant. If they locate other contraband in that search, it may certainly be used to bring additional charges. The question may be whether the scope of the warrant was exceeded. Once the computer that they are looking for has been located, or any other items listed on the warrant, the search must end.

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