Can the police get a warrant for all "controlled substances"?

Question

If a police officer smelled weed coming from a dorm room, went in and asked if they can search the room or if they should get a warrant, and got a warrant by the request of the owner. Which took like 4 hours. When they began the search they found 5 bottles of alcohol, weed, and a pipe. Since the owner was underage they took them and charged her with an underage and marijuana possession. The probable cause stated "The Affiant is requesting a Warrant to obtain any and all items relating to Controlled Substances." The warrant says "Any marijuana, items with marijuana reside, scales, and andy item to paraphernalia used to manufacture propagate, process, package, contain, inhale, ingest, consume or otherwise introduce into the human body said controlled substance(s)"

Is the officer legally allowed to charge the owner with an underage and take all of the alcohol even though the warrant was for "Any marijuana....said controlled substance(s)"

Answer 1

So the room occupants told the police to get a warrant, and then left everything in the room while the officer was getting it? Did they think it was a bluff, or are they just stupid?



And if they find other items during the search, they can be charged for that also. If they found a dead body in the closet while executing a search warrant for drugs, do you think the police are just going to ignore it?





*EDIT* - The only thing that would limit the search is WHERE they can search. The warrant was very likely specific for that dorm room only, so the police would not be allowed to search adjacent dorm room for anything you might have hidden there, unless the search warrant included those rooms as well.

Answer 2

1

Answer 3

Once they have a warrant to conduct a search, they can use any evidence they find of any other crime to generate additional charges. Even if they are not related at all to the original search warrant. For instance if they found stolen property they could use it as evidence against you for theft.



Permission to search for any marijuana or paraphernalia, which could be in any container...legally allows them to look in every container and every small cabinet or drawer that you have.

Answer 4

They can use anything that they find as long as their search is searching for what is listed in the warrant.



For example, if their warrant said they were to "search for elephants" and they found a gun sitting on a table, they could use the gun as evidence since they were searching for an elephant and couldn't help but see the gun.



On the other hand, if they found a gun in a drawer, they couldn't use it, since "searching for elephants" doesn't allow them to open drawers. (Unless the drawer is big enough to hold an elephant.)



In your case, controlled substances includes everything that they found, you're toast. Sorry.

Answer 5

What are they teaching you in college these days? Not much, it seems.



Yes, it is illegal for a minor to possess any alcohol, even alcohol that has already been ingested. The fact that they found it while searching for something else is irrelevant.

Answer 6

Since Reagan they don't NEED one-- WAR ON DRUGS