Question

Officer Tom is executing a validly obtained search warrant in Kathryn's home. The warrant gives him the right to search every room in the house but is limited to a search for automatic weapons and handguns. When he walks into the kitchen, he sees an open box filled with small plastic bags containing small pills. A closer inspection reveals that the pills are ecstasy, an illegal narcotic. May Officer Tom seize the drugs even though the warrant did not include a search for drugs. Would the drugs be admissible in court?

Answer 1

Answer:

Drugs would not be admissible in court.

Explanation:

A warrant is a document that authorizes a bailiff to perform certain actions on behalf of the local court. In short, so that the police of a city can make searches in a house, arrest and confiscate objects, things and people, there must be a specific warrant that authorizes the situation, otherwise the police act against the law and have their activity disregarded. .

In the case shown in the question above, we can see that there was a warrant that made it possible to search all rooms in Kathryn's house, but it is limited to a search for automatic weapons and firearms. In this case, even if the police find illegal substances, he cannot arrest them, as he does not have this authorization. If he arrested the substances, they would be disregarded in court.