Q: once my school gets a search warrant for one specific thing can they detain me if they find something els illegal in myp
So a sub wrote a report about me at school saying i took a picture of her, the school told me if i am lying and they search my phone and find it they will press charges, for starters i know they cant search unless proven that they have a warrant due to my 4 amendment, and this sub made me feel unsafe in class so i recorded myself talking, i dont have a picture about her but only a video of myself in case something happened, my 1st amendment. so my question being, if they do have a warrant for that picture of her, if they find something elsw illegal can they arrest me if the warrant was only for the picture of the sub?
A:
In California, if law enforcement obtains a search warrant for a specific item, such as a picture on your phone, and they find something else illegal during that search, it could lead to further legal consequences. The scope of a search warrant is generally limited to what is specified in the warrant, but if illegal items or evidence are found in plain view during the execution of that warrant, they can be seized and could result in additional charges. This principle is known as the "plain view doctrine."
It's important to understand that while you have Fourth Amendment rights against unreasonable searches and seizures, these rights have certain legal limits. If you are in a situation where your phone is being searched under a warrant, it's advisable to remain silent and request an attorney immediately. The legality of any search and the admissibility of evidence discovered are complex legal issues that can be challenged in court. Therefore, having legal representation is crucial in such situations. Remember, each case is unique, and the specific circumstances will determine the legal implications.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
