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AR15.COM
6/21/2006 2:34:42 PM EDT
So I'm watching one of the older ones... And I realize it's just a "tv" show.  So to my point.

They get a search warrant for some books that were bought with a stolen credit card.  While they are there they look for evidence of a different crime that they were already investigating.  

Wouldn't that be unlawful search and seizure?
6/21/2006 2:39:33 PM EDT
[#1]
Not if the evidence is in plain view.  If, however, it was stuffed under a mattress (for example), and they found it while looking for the books, then it's a pretty good bet the evidence would not be allowed in trial by the judge.

BTW, IANAL
6/21/2006 2:42:06 PM EDT
[#2]
It seems to me that law and order (a very anti-gun show) shows a lot of unlawful search and seizure, all the while trying to pass it off as unfortunate (the police need more power to go after rapists and murderers).
6/21/2006 2:44:13 PM EDT
[#3]
In the execution of a warrant, you can look anywhere that the enumerated object of the search might be found. You can't look for an elephant in a cigar box. However, you can look for elephant hair in a pill bottle. Smart warrant-writers think like that.

The interesting situation arises when the warrant allows the seizure of, say, "An Iver Johnson Owl-Head revolver, Serial No. 135672" and nothing else. Can they keep searching after they find the gun? Survey says . . . . . NO. Again, smart people "write around" potential problems like that, so the warrant is for "An Iver Johnson Owl-Head revolver, Serial No. 135672, and any ammunition therefor."
6/21/2006 2:49:59 PM EDT
[#4]
tricky tricky