Full question:
The police served a search warrant on my house. The warrant clearly states that they were looking for a stolen computer and anything associated with it. During the initial search they found a duffel bag with a large of amount of drugs. (marijuana) They returned with the bag and asked me if i consent to search the house for more stolen merchandise or drugs. I gave them consent. I wasnt arrested, they said they would get back to me. My question is, did i screw myself by giving them the consent? And if the warrant specified this computer, and the computer was located in plain sight on the kitchen table, did they have any right to continue searching my house? And can they now charge me with the drugs?
- Category: Criminal
- Subcategory: Search and Seizure
- Date:
- State: Kansas
Answer:
The legality of the search depends on the circumstances. It's advisable to consult an attorney if facing criminal charges due to the serious consequences involved. The Fourth Amendment protects against unreasonable searches and seizures. Police generally need a warrant based on probable cause to search a home.
However, there are exceptions to this requirement:
- Plain View Doctrine: If officers are lawfully present and see evidence of a crime in plain sight, they may seize it.
- Consent: If you consented to the search, that can allow officers to search beyond the original scope of the warrant.
- Exigent Circumstances: Officers may act without a warrant if they believe immediate action is necessary for safety or to prevent evidence destruction.
Since the warrant specified the stolen computer, and it was found in plain sight, officers may have had the right to search your home initially for that item. However, your consent allowed them to search for additional items, including drugs. If they found drugs during the search, they could potentially charge you with possession.
Ultimately, the specifics of your situation will be evaluated by a court, considering all facts and circumstances.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.