Can police officers bring up charges for an unrelated crime discovered during a search warrant?
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Can police officers bring up charges for an unrelated crime discovered during a search warrant?
I live in a house with roommates. This morning we were contacted by the police stating a lost/stolen cell phone was tracking to our house. We did not get searched but the officers said they will get a search warrant if needed. I see several posts that the officers may seize more than what is listed in the warrant if they find more illegal activity. I’ve heard that the warrant only applies to items listed in the warrant or associated to items listed in the warrant. Can charges be brought up against people not listed in the search warrant, for items not listed in the warrant? Example In the state of Colorado you may have up to 1 oz of marijuana. If the officers found more than 1 oz, could they bring charges for illegal possession of cannabis if they found it while searching under a warrant for a stolen phone?
Asked on November 1, 2019 under Criminal Law, Colorado
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If the police are searching the house for the phone you mentioned and find other items such as drugs, etc., additional criminal charges will result. Contraband that is in plain view will be justification by the police to support additional criminal charges against individuals whether or not they are named in the search warrant.
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