Is this a legal search?

Question

lets say officers have a search warrant to search a house for a pendant that was supposed to have been stolen. if they find the pendant on the suspect in the house, does the search have to stop there, or lets say they go into a room after and find an unregistered gun or contraband, is that evidence admissible in court or not admissible since the pendant was found before further search was made.

Answer 1

I think it would be unusual to obtain a search warrant for a theft of a pendant.  But, if the warrant solely allows for a search of the pendant then once it is found than anything else found after would be beyond the scope of the search.

A couple of other points to consider, the pendant on the suspect would have to be over his shirt; as the warrant for the house would not include searching the persons inside the house.

Also, when officers enter a house to conduct a search warrant it is normal practice to conduct a protective sweep of the entire house to make sure there are not other people or dangers in the house.  This would be conducted immediately upon execution of the warrant.  Even in your scenario, while the first officer is making the discovery of the pendant other officers would be walking through the house clearing each room of additional suspects.  This protective sweep wouldn't involve opening drawers, etc but closets and anywhere else a person may be hiding would be opened.  If additional contraband is seen during this protective search (in plain view) then it would be fair game even if the scope of the search warrant has already been satisfied.

Usually when a search warrant is written (at least that I have seen/written) we will also include that we are seeking "any other evidence of said crimes".  What would be the circumstances of this pendant being in the suspect's custody?  Can the possibility of any other evidence be articulated to justify continuing to search?  

Answer 2

they could theoretically order the person to not move anything out of the house and get another search warrant, but does the search warrant specify weather or not they can search further for more things if the pendant is found??

Answer 3

I want to add a couple of bits. In serving a search warrant, you can check the house for persons who could be a threat. I think that would hold, even if you found the object of the warrant right inside the front door. Anything you found in plain view wherever a person could hide that you could identify as contraband or evidence of crime could be seized. It wouldn't be seized under the warrant. It would merely be something in plain view from where you were lawfully. But, it you, for instance, had already found the one item listed in the search warrant, you couldn't, say, open a drawer or go through papers.  

Answer 4

It would be dependent upon what the search warrant stated! If the search warrant was SOLELY for the purpose of the pendant...then once the pendant was located the scope of the search warrant has been met.

However, if the warrant stated the pendant .."and other stolen property.." then they search can continue.

If it had been my search warrant looking solely for the pendent, and I suspected other illegally obtained items were in the house...I would have either included "other stolen items" or "froze" the scene until obtaining another search warrant for any other suspected stolen item!

Another consideration is this...if while looking for a stolen item...you see other items of question ... it becomes seizurable as evidence.

Answer 5

If they find what they are looking for , then that gives them enough probable cause to continue the search for related items , so yes it is a legal search . Now as to whther or not they can use the other aevidence in the theft crime , I am not sure , but they can confiscate it if it is illegal .

Answer 6

once they find the item that the warrant specifies then the search is done. if they continue and find other counter band then it is an illegal search.  

Answer 7

A search warrant that is written correctly would not just list the stolen item (pendant) as the only item being searched for. The search warrant would also include any paperwork or other items that could pertain to this case. Here's an excerpt from a warrant I wrote for guns:

· ·        Items that may contain fingerprints

· ·        Items that may contain how the crime occurred

· ·        Items taken during the commission of a crime

· ·        Any stolen or illegal firearms  

· ·        Any firearms used in the commission of a crime

This expanded my search past just the guns and allowed me to continue the search even if the guns were recovered.