1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Search warrant Arrest, Search, Seizure, Warrant

Discussion in 'Criminal Procedure, Criminal Court' started by Babygirlblue, Dec 11, 2020.

Tags:
  1. Babygirlblue

    Babygirlblue Law Topic Starter New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    North Dakota
    Hi,
    There was a search warrant issued for computers, sd cards, etc stuff pertaining to child pornography. There was other items like drug paraphernalia that they took that wasn't on the search warrant. Can they still charge us with that.

    I was also wondering if it's legal for one of the detectives to talk to other people about the investigation. No one has been charged with anything and they didn't arrest anyone.

    Thank you
     
  2. cbg

    cbg Super Moderator

    Messages:
    8,449
    Likes Received:
    1,589
    Trophy Points:
    113

    One of the attorneys can correct me if I'm wrong, but the best description I've ever seen of how this works was written by a police detective.

    Essentially, the police may seize evidence of other crimes, even if they are not listed in the search warrant, IF the items that are listed could reasonably be in the place they found the non-listed items. She used a couple of examples; if you're looking for a stolen automobile and you find a meth lab in the basement, you can't make the case then or ever on the meth lab since the stolen automobile could not have been in the basement. But if you're looking for a package of meth in a desk drawer and you find a stolen handgun, you can seize the handgun and make a case on it because the meth could have been in the drawer.

    So if the drug paraphernalia was in a place where the computer components reasonably could have been, yes they can take it and yes they can charge you with it.

    And how do you imagine the detectives can conduct an investigation without talking to people?
     
  3. Babygirlblue

    Babygirlblue Law Topic Starter New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    1
    I’m talking about rental company because aren’t you innocent till proven otherwise
     
  4. cbg

    cbg Super Moderator

    Messages:
    8,449
    Likes Received:
    1,589
    Trophy Points:
    113

    In the courtroom, yes. But that doesn't mean the police are prohibited from gathering evidence to prove their case before you get to the courtroom.
     
  5. zddoodah

    zddoodah Well-Known Member

    Messages:
    4,513
    Likes Received:
    1,210
    Trophy Points:
    113

    If, in the execution of a search warrant, law enforcement discovers contraband or other evidence of other criminal activity, yes, the state's attorney may file charges for that other criminal activity in addition to the suspected criminal activity that led to the issuance of the warrant.

    Ummm...talking to people is one of the primary means that law enforcement officers use to investigate crimes. Of course it's legal.

    Not really sure what this is supposed to mean.

    The presumption of innocence is something that applies in only one context. If a person is charged with a crime and the case goes to trial, the jury (or a judge in a case that isn't tried to a jury) must presume the defendant to be innocent unless the prosecution proves guilt beyond a reasonable doubt. In every other context (including at the stage where the police are investigating a suspected crime), anyone is free to assume anyone is guilty of anything.
     
  6. mightymoose

    mightymoose Moderator

    Messages:
    11,366
    Likes Received:
    1,964
    Trophy Points:
    113

    Something not mentioned above about the seizure of drug paraphernalia is that it is also fair game if it was in plain view while conducting the search.

    While searching for evidence police may develop probable cause regarding other crimes and obtain an additional warrant to search for additional evidence, but that isn't necessary for things in plain view of that are within the scope of the search of the initial warrant.

    They may have asked the landlord about how long you have lived there, who is on the lease, who comes and goes, complaints and suspicious activity from the apartment... all valid questioning. They probably didn't volunteer information about their investigation so much as obtain information from the landlord.
     
    army judge and cbg like this.

Share This Page