{"id":2119,"date":"2008-12-24T06:19:14","date_gmt":"2008-06-01T23:22:06","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-06-01T23:22:06","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2119","title":{"rendered":"Hidden guns can be seized under a search warrant that does not specify them"},"content":{"rendered":"

Officers obtained three search warrants in October 1999, October 2000, and November 2003 and seized guns found during execution that were not listed in the search warrant. The seizures of hidden guns was valid. United States v. Prather<\/a>, 2008 U.S. App. LEXIS 11505 (11th Cir. May 23, 2008) (unpublished):<\/p>\n

Prather contends police also exceeded the scope of the warrants by seizing guns during the October 11, 1999, and November 14, 2003 searches. Although neither warrant specifically authorized the seizure of weapons, the police did not err in confiscating weapons when they found them. When law enforcement officers stumble across hidden guns during a lawful search for drugs, they are allowed to draw the reasonable inference that the guns may be related to drug trafficking occurring at the location. United States v. Smith<\/em>, 918 F.2d 1501, 1509 (11th Cir. 1990) (finding firearms not named in a warrant were properly seized during search of drug house as “tools of the trade”). That is precisely what the police did in this case.<\/p><\/blockquote>\n

Wiretaps gave probable cause for defendant’s arrest for conspiracy, considering the low threshold to be connected to a conspiracy. United States v. Clarke, 2008 U.S. Dist. LEXIS 41697 (E.D. N.Y. May 28, 2008).*<\/p>\n

Officer’s false claim he had a search warrant nullified the search under Bumper<\/em><\/a>. State v. Brandon<\/a>, 753 N.W.2d 18 (Iowa App. 2008):<\/p>\n

There is no dispute that Brandon asked the deputies if they had a search warrant after they entered his living room. By making this inquiry, the defendant was clearly questioning the deputies’ authority to enter and search his home. In response to Brandon’s inquiry, the deputies did not ask Brandon if he consented to a search of his residence. Instead, one of the deputies replied he had an arrest warrant. Brandon was then arrested, removed from his home, and taken to jail. We believe the deputies’ response to the defendant’s question and their subsequent actions clearly signaled that further objection or inquiry by the defendant would have been futile, and that Brandon had no right to resist or refuse a search of his property.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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