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Q: Search Warrant in Kansas ( No Answer,   3 Comments )
Question  
Subject: Search Warrant in Kansas
Category: Miscellaneous
Asked by: megprmcci-ga
List Price: $10.00
Posted: 02 Jan 2005 13:39 PST
Expires: 01 Feb 2005 13:39 PST
Question ID: 450554
The search warrant had the wrong house number on it.  It was the right
house but the wrong house number.  Not a big deal but the description
of the house was also incorrect.  The warrant described it as a two
story house, when it is an A-Frame home.  In the items to be seized
they make mention that the items where taken from the loft not the
second floor as a two story would have.    Then the warrant said it
was blue in color.  The house is dark blue but has two white garage
door and two white double front doors and white trim.  The average
person would not say it is blue in color.  It goes on to read that it
is located on then north side of ( X ) road.  There is an East and
West ( X ) road.  This is my first question.  Would this pass the 4TH
Amendments requirement of "particularly describing the place"?  Next
the search warrant states that ?the following crimes have been
committed:  Possession and Possession of Paraphernalia.?    Listed for
items to be seized are computers, paperwork, firearms, cash, cameras,
coins, and on.  There was a small amount of contraband found (real
small) and some Paraphernalia.   Can the government come in and seize
items that do not pertain to the crime described on a search warrant.?
Answer  
There is no answer at this time.

Comments  
Subject: Re: Search Warrant in Kansas
From: tutuzdad-ga on 02 Jan 2005 14:50 PST
 
Having been in law enforcement for more than 20 years, and working
exclusively in the last few years in the area of evidence collection,
I can tell you two things about your questions:

Part #1 can only be answered with a guess. No one call predict for
certain how a court would rule in any hypothetical situation.

Not enough is known about the government's position to answer part #2.
I suspect the authorities believe the items listed on the warrant ARE
related to the case somehow, but they don't have to tell YOU unless
(or until) your attorney (or you, if you are representing yourself)
files a "motion for discovery" and the court orders them to. That too
is, of course, only a guess.

tutuzdad-ga
Subject: Re: Search Warrant in Kansas
From: megprmcci-ga on 03 Jan 2005 02:49 PST
 
Thank you for your response. Where do you find a court that would rule
in favor of such a motion?  How do these items relate to the crimes
listed?  You could not hide anything in these items.
Subject: Re: Search Warrant in Kansas
From: tutuzdad-ga on 03 Jan 2005 10:35 PST
 
Knowing even less about this case than you do, there's no way to know
how the items relate to the case. That's something you will probably
find out in the "discovery".

As for the motion for discovery, most criminal courts will favor such
a motion as this is a routine part of criminal procedure. You will
likley find out all you want to know after discovery. Items not kept
or used as evidence against you can often times be returned to you
even prior to adjudication. I know, I have over 50,000 items of
evidence in my custody right now and I do this every single day.

Does this answer your question?

regards;
tutuzdad-ga

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