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Hidden guns can be seized under a search warrant that does not specify them

By John Wesley Hall, Jr.

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, 2008 U.S. App. LEXIS 11505 (11th Cir. May 23, 2008) (unpublished): Prather contends police also exceeded the scope of the warrants by seizing guns during the October 11, 1999, and November 14, 2003 searches.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...continue to full post

Full post as published by Fourth Amendment on June 02, 2008 (boomark / email).