Auburndale, FL asked in Criminal Law, Civil Rights and Constitutional Law for Florida

Q: Can a fore investigator use the plain view d doctrine (discovered paraphernalia) to further search parameters

After a fire in my home a

Fire investigator saw a syring in my bathroom in plain sight. It was in an open basket on bathroom counter. Also in same basket was folded up piece of paper with narcotics inside. Is said fire investigator allowed to continue his drug search by opening this paper and using these findings to both arrest me and apply for a search warrant. I was arrested. Far before search warrant was signed issued etc.

1 Lawyer Answer
Leonard Louis Cagan
Leonard Louis Cagan
  • Criminal Law Lawyer
  • Ocala, FL
  • Licensed in Florida

A: This is a complicated question. Why was a fire investigator present? A syringe is not automatically paraphernalia. Did the investigator question you about it? Did you make any statements? There may an issue with the investigator opening the paper if he did so without permission. You will need a local attorney to review the discovery and determine if any facts exist to warrant a motion being filed.

Terrence H Thorgaard agrees with this answer

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