Legal Question in Criminal Law in Pennsylvania
If an search warrant is executed for the suspicion of drug dealing, an the agent find contraband that has nothing to do with the drug dealing, ie glass pipe and a few marijuana, dose that in anyway violate the 4th amendment right and or can the suspect still be charged with the contraband?
2 Answers from Attorneys
If a search warrant is valid, the police can search any area in which the suspect property might be found. If the police happen to find other items which are obviously illegal, they can properly seize the property and make an arrest. A warrant issued for suspected drug dealing would likely allow the police to search any are in which drugs may be kept. Thus, if the police found a pipe or other paraphernalia, they may seize the property and make an arrest legally.
If the search warrant is valid, then the police can get to any place described in the search warrant and then after that, they can get to the things that are obviously contraband.
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