Q: Can cops seize anything in a person's home if they were there for a body only warrant?
They did a DNA swab and had it on top of the hood of the car for DNA for a firearm. Would that come back inconclusive?
A:
Law enforcement can look in locations in the home until they are able to execute the body only warrant. They are allowed to seize any contraband that they find during that process - otherwise known as the plain view exception to the warrant requirement. This is a very fact specific inquiry and you need an attorney under the circumstances.
There is no way to know under the circumstances provided whether the DNA would come back inconclusive. All the more reason to retain counsel here. There will be an attorney prosecuting you. Don’t go in on your own.
A: A police officer executing an arrest warrant may go into a place where the person named in the arrest warrant is, such as a person's home. While lawfully there, they might observe illegal contraband. If so, a judge may rule that their seizure of that evidence was lawful. But, a criminal defense lawyer will gather and review the specific facts and evidence, and analyze them under the laws, to look for viable defense issues. Whether a DNA sample is valid can depend upon how it was collected, and how the lab analyzed it, what is compared to, and other issues. Your criminal defense attorney will no doubt look into that as well.
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