Q: The affidavit for a search of my house mentioned nothing about ammunition.
I am a convicted felon however I did not know they were there. I don't own or possess a gun. They weren't in plain sight because I would not have them in my house. Wouldn't they have to be excluded since it wasn't what they were allowed to search for being there was no mention of that on the affidavit? All other evidence should be excluded since the fruit of the poisonous tree ruling would apply?
A: It would depend upon what it was for which the warrant authorized them to search and where they found the ammunition. If, for example, they were authorized to search for something small, like drugs or a handgun, they searched a drawer, and found the ammo in the drawer, that would be admissible. If, on the other hand, the warrant authorized a search for something large, perhaps a car, or a rifle or other long gun, but found the ammo in a small desk drawer (in which the objective of the search would never possibly fit, any ammunition they found would probably be excluded.
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