A police armed w/ search warrant for Drug but find illegal Gun instead, can the case prosper w/o technicality?
- 1 decade agoFavorite Answer
Yes, it is perfectly legal under the circumstances.
In Philippine jurisprudence, we have what we call the "plain view doctrine". This doctrine espouses the rule that objects in the "plain view" of an officer who is in the position to have that view are subject to seizure and may be presented as evidence.
In the instant case, the police officer is justified in going to the place subject of the search by virtue the warrant. It just so happened that instead of finding the target object of the search, he found something else, but incriminating just the same. It is of no moment that the search warrant was for illegal drugs, and not for illegal firearms.
Therefore, there is no technical infirmity to the admissibility of the unlicensed gun as evidence in a separate charge for illegal possession of firearms.
- dewaldLv 43 years ago
Initially I wish to be civil about this however are you persons f**king mad?! Do you put out of your mind concerning the reality that there's a list known as your constitutional rights. And matters in your house can't be permissible in court docket if they do not have a lawful search warrant. And ordinarily speaking for home 911 calls from a place some distance from where the domestic "crime" is supposedly being committed in general speaking no police officers are not able to spoil down your door except, like one gentleman stated they have almost always reason. Legal possible purpose for violating your constitutional correct, it will need to be real possible cause like screaming and yelling within the condominium while the officer(s) were knocking. Should you had someone call announcing they supposedly heard an argument between a pair and it might get out of hand, **** no that's not possible rationale to break into your residence if there is no commotion once they get there. You guys reply these questions like they're information. Undeniable and easy they don't seem to be *proof* most of your openings with "what if" what you think just isn't the truth just given that it can be correct/mistaken the straightforward reality is 99% of the time a cop wants a warrant to enter your apartment. For crying out loud the FBI needs warrants to head after suspected terrorists on U.S. Soil and thats a truth. Do your self a prefer men and women at least list your sources whilst you tell any one something is correct or no longer authentic.
- 1 decade ago
When the police enter your property with a search warrant specifically looking for drugs, they usually add an extra line (written in Latin) to include anything else which may be included in the crime. Since most courts recognize guns and drugs go hand in hand, they would allow the seizure of an illegal gun.
However, what most police agencies do, to cover themselves, is secure the house and obtain another search warrant for any illegal guns they may find on the property.
One thing to keep in mind, is the police can search anywhere they suspect the illegal items to be found. Drugs can be found anywhere, a 19-inch television would more than likely not fit in your sock drawer. They have to limit their search to areas in which the item they are searching for can likely be found.
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- 1 decade ago
Yes, the gun can be used in a trail, even though the warrant that was issued to seach the premisses was for drugs. Once they have access anything having to do with any type of criminal activity can be entered. The factor is in which state you live in. Some states have strong penal laws against firearms that are not in there system as a legal fire arm or the persons that possesed said firearm has a permit....And also if the firearm does not clear ballistics, there will be more question as to where the firearm was optained...The charges most likely would be possession of an illegal firearm and most likely in most states would be a misdemeanor....
- masinoLv 43 years ago
before everything i might opt to be civil approximately this yet are you people f**king mad?! Do you forget approximately in regards to the reality that there is a itemizing noted as your constitutional rights. And issues on your place can't be permissible in courtroom in the event that they don't have a lawful seek warrant. and customarily conversing for family members 911 calls from a region faraway from the place the family members "crime" is supposedly being committed frequently conversing no police officers can no longer destroy down your door except, like one gentleman reported they have possibly reason. criminal possibly reason for violating your constitutional right, it would must be real possibly reason like screaming and yelling interior the home at the same time as the officer(s) have been knocking. in case you had somebody call saying they supposedly heard a controversy between a pair and it ought to get out of hand, **** no that may not likely reason to interrupt into your place if there's no commotion whilst they get there. You adult adult males answer those questions like they are info. elementary and straightforward they are no longer *evidence* maximum of your openings initiate with "what if" what you think of isn't the reality basically through fact it must be right/incorrect the easy actuality is ninety 9% of the time a cop desires a warrant to circulate into your place. For crying out loud the FBI desires warrants to pass after suspected terrorists on U.S. soil and thats a actuality. Do your self a want people a minimum of record your components once you tell somebody something is actual or no longer actual.
- Rachel MLv 41 decade ago
Absolutely! If they have a proper warrant (to search for any illegal activity) anything they find that might reasonably have been found during the service of that warrant is admissible.
- Anonymous1 decade ago
Usually the warrant would say, drugs, narcotics, paraphernalia, etc. However if a gun is found, and the police have probable cause to believe that the gun might have been used in the commission of a crime, they will seize it, and also any other unlisted items that they believe might have been used in the commission of a crime. They will check the serial numbers to find out who the gun is registered to, and make sure that it hasn't been reported as stolen. They may also have it checked to make sure that it doesn't match the ballistics of any weapons used in a crime.
- Anonymous1 decade ago
Yes it can. They had a warrant for searching property. If an illegal gun is found, then all the better.
- Anonymous1 decade ago
The case will prosper basing on the fact that the fire arm is illegal. It does not matter whether their initial visit was for drugs, it is the same as when someone had intended to kill you and missed you and hit anyone passing next to you, that person will be prosecuted.