If an illegal substance is found during the execution of a search warrant for something else, can I still be charged?
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If an illegal substance is found during the execution of a search warrant for something else, can I still be charged?
If an arresting officer states that he has found narcotics in car but on search warrant affidavit it says nothing about drugs, can he still charge me? Cop says that he found weed and crack cocaine. Weed is in the report affidavit but no mention of cocaine. Should I speak to a criminal attorney? In Lexington, SC.
Asked on October 25, 2010 under Criminal Law, South Carolina
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Pursuant to a search warrant, the police can search only the place described in the warrant and can seize only the property that the warrant describes (subject to the exception below). Therefore, for example, they cannot search a house if the warrant specifies the garage, nor can they search for weapons if the warrant lists marijuana plants.
Exception: That having been said, this doesn't mean the police can seize only those items listed in the warrant. If, in the course of a search, they come across contraband or evidence of a crime that is not listed in the warrant, they can lawfully seize such unlisted items.
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