Legal Question in Criminal Law in Nevada
Discovering a crime
If the crime of one person is discovered during the commission of a crime by another person, can the person who committed the first crime be prosecuted, since the discovery of the crime was during the commission of another crime by someone else.
Example: During a burgulary a thief finds evidence of marijuana in the house that he is robbing, the thief is caught and to help his situation he tells the police that the house that he robbed had a marijuana plant growing in it. Can the home owner be prosecuted?
Asked on 12/10/04, 2:17 pm
1 Answer from Attorneys
James Smith
James E. Smith Ltd.
Re: Discovering a crime
Unless the plant was in plain view during a lawful arrest of the other person the police would need a warrant to seize the plant.
Answered on 12/10/04, 5:47 pm
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