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This is not correct at all. If they found the cocaine in a place they could reasonably search to find a body, they can absolutely apply for a second warrant to seize the cocaine. You don’t have to cover your eyes and plug your ears and ignore crimes because the warrant didn’t specify that particular crime.Yes, really! A judicial warrant must be specific about what they are looking for and they must state evidence upon which they have reasonable articulable suspicion for a judge to issue the warrant. The warrant is then limited to the specific items the warrant authorizes to search for. There is also a report generated from a judicial warrant within a few days specifying exactly what was found and seized.
So let's say they get a warrant to search for blood droplets or other evidence related to the kidnapping of NG...
Then they find 100 kg of cocaine...
In general they cannot sieze the cocaine nor can they use the findings of the kidnapping search to get a new warrant for the cocaine. In some cases they can if they can find other evidence to connect it the the kidnapping, and in some jurisdictions the restrictions may be more lax.
Judicial searches must be specific and supported by reasonable evidence acquired through regular investigation.
In a traffic stop, yes they can seize anything in plain sight because traffic stops are different. But not in a house search unless a judge specifically authorizes it.
Consentual searches are a free for all. They can take anything. Looking for kidnapping evidence but find your anal sex tape and it is illegal in your jurisdiction or it's not but you are a high profile person, public servant, teacher or whatever...now they have leveredge. There are no circumstances whatsoever I would ever submit to a voluntary search! And I really have nothing to hide. But to a stupid cop, my tiny ziplocs and scale for measuring cooking herbs are what they are taught are indicators of drug dealing. I don't need that when I can just say no. If they want to get a judicial warrant, fine, then they are restricted to what they specifically said they were looking for and the specific crimes they stated in the warrant.
The issue would be if they were looking for a body and found a gram of coke in a small dresser drawer. A body wouldn’t be in the drawer, so the search was most likely unlawful.
Edit: this mostly falls under plain view doctrine because the officer has legal authority to be in a position to see the evidence of other crimes.
JMO
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