I believe that is not completely correct. If I obtain a search warrant to look in your apartment for a stolen desktop computer, as long as I look in places a computer could be hidden or stored any thing I find in relation to a lawful search is admissible. If I look in a kitchen drawer and find a stolen gun, that is a different story because you can not store a desktop in a kitchen drawer. Almost like "plain sight" sort of rules. Now if they found a stolen gun in the closet while they were looking (because you can store a desktop there), now they have the PC for an additional SW looking for other stolen firearms.Liko81 wrote: +1000. However, I'd like to ask a related question. When obtaining a search warrant, the officer is required to specify what it is he is looking for. Drugs, guns, kiddie porn, bloodstained clothes, whatever. It cannot be a fishing expedition; what is admissible in court if found is limited to that search warrant; if you look for drugs and find kiddie porn, it's inadmissible. My question is whether that also applies to a post-arrest search, because it does not seem to. If you arrest someone for murder, then while they're cuffed and being led out the officers also find drugs in the apartment, such a discovery seems to be admissible, plain sight or otherwise. Anyone with more knowledge on this matter care to comment?
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Return to “SC Rules 5-4 Illegaly obtained evidence OK”
- Mon Jan 19, 2009 12:21 am
- Forum: Federal
- Topic: SC Rules 5-4 Illegaly obtained evidence OK
- Replies: 8
- Views: 2328