Q: Can I be charged with things not on a warrant . Say the warrant was for stolen stuff but cops got me with bullets and dr
Cops came to my house to search my truck for stolen things but only found bullets ,paraphilia,and on my phone pics of stolen things can they charge me if what they found was not on the watrent. Things they found were out of my storage unit I was bringing back to storage didnt even know any of that was in my truck even. My county wouldnt press charges or charge me but a county not where I live is charging me with me having an alabi and never being seen there they only have my past and my truck licence plate number to go off . Is this legal even
A: This question is rather confusing. I'd suggest reaching out directly to a criminal defense attorney. Most of us offer free consultations and that will allow for a full discussion of the issues that you are dealing with.
A: General rule is that if police are where they have a lawful right to be, they can use what they see. But, I've won cases where police search went beyond the limited scope authorized in the search warrant. So, it will depend upon an in depth analysis by you and your attorney, taking into account all facts. The rest of the question is unclear. But if you call a defense attorney on your phone, the attorney should be able to help you focus questions, and offer some useful information. In the end, you'll need a criminal defense lawyer when facing a criminal charge.
I do not know the full circumstances of the situation and cannot answer your question specifically. Generally speaking, a warrant has to state with particularity the items to be searched and seized. The police must request a warrant signed by a neutral third party (i.e., judge or magistrate) unless there is some sort of exigent circumstance that gives them the authority to bypass the warrant requirement (preventing imminent harm to someone inside a home, pursing a fleeing person charged with a felony, investigating the cause of arson, or concerns over destruction of evidence. If the police officers believed that one of these exigent circumstances apply, they can do a warrantless search. But this does not mean that the search was lawful. Police officers sometimes abuse the phrase "exigent circumstances" to validate a warrantless search, and a criminal defense attorney can challenge the validity of the search.
For searches that are pursuant to a valid warrant, the warrant again must state with particularity the items to be searched for and seized. The way that the search warrant is executed usually must conform to the items being searched for or seized. For instance, if the cops are searching for a large screen TV that they believe was stolen by someone, then they must limit the nature of the search to items that could feasibly fit a large screen TV. Stated otherwise, they wouldn't have permission to search through small bag, purses, small drawers, etc. However, if they find contraband in "plain view" while executing the search warrant, they may seize the contraband and you could still be charged for it. Much like the "exigent circumstances" doctrine, some police officers abuse the "plain view" doctrine to look for and confiscate contraband that was not on the initial warrant. Often times, search warrants are carried out outside of the scope of the person's constitutional rights. Elements of search warrants are often carried out in a manner that runs afoul of someone's rights and can be challenged by a diligent defense lawyer.
Evidently, there are a lot of nuances with search warrant requirements, so I would recommend contacting a defense attorney, explaining the details of the situation so that they can give you proper advice.
I hope this information helps. Best of luck.
If the police obtained a search warrant specifically for stolen items and they found other items during the search, such as bullets and paraphernalia, it may be possible for them to charge you for those additional items if they believe they are illegal or violate any other laws. However, whether or not the charges would be valid will depend on the specific circumstances of the case and the laws in your jurisdiction.
It's important to note that search warrants typically specify the scope and limits of the search, including the types of items that can be searched for and seized. If the police exceeded the scope of the warrant or conducted an illegal search, any evidence they obtained may be inadmissible in court.
In terms of the charges you are facing in another county, it's difficult to say whether they are legal without more information about the specific charges and the evidence against you. However, if you believe you are being unfairly charged or that your rights have been violated, it's important to seek legal advice from a criminal defense attorney who can review your case and advise you on your legal options.
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