Columbia, MD asked in Criminal Law for Maryland

Q: Hello, my question is if a search warrant is obtained only for information about a certain crime, and something else

Is found that has nothing to do with what they're looking for can they still use​ that other information against a third party?

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1 Lawyer Answer
Thomas J. Maronick Jr
PREMIUM
Thomas J. Maronick Jr
Answered
  • Criminal Law Lawyer
  • Glen Burnie, MD
  • Licensed in Maryland

A: Yes, generally. I have had cases in which a search was undertaken against another person for other reasons of a vehicle and information that led to charges against my client for totally unrelated matters. Unfortunately they can do this. There may be some constitutional defenses available however, depending on the nature of the search and stop of the vehicle if that were how the information was acquired. But if the search warrant is found to be valid - meaning it stands up to the FRANKS standard, they can use it.

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