For example, Person #1 brutally attacks someone because he had been smoking meth which he had bought that day. Upon getting a warrant to search the man's computer to see where/who he bought the meth from (Person #2), they find out that a Person #3 sold him marijuana the previous month. Can person #3 be charged with a crime here, even though the warrant would have been issued to the police to find the source of the meth?
Criminal Defense Attorney
I wonder what legal basis the police had to get a valid search warrant. And, what physical evidence they would have to support this alleged hearsay sale of weed? I don't see how they can charge him with possession or delivery of marihuana absent some physical evidence linking him to this alleged transaction. Possession means exercising care, custody and control. From your example, the police did not find any marihuana, so how are they going to prove possession or delivery? They can't.
sounds like a law school type question.
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Criminal Defense Attorney
Yes. As long the police had a warrant to search the computer, if they find evidence of other crimes during the search of the computer, they can use that unrelated evidence.
Violent Crime Lawyer
Yes. If it is a valid search warrant. Persons #1, #2 and #3 need all need lawyers. Here is wehre to find local lawyers: http://www.nacdl.org/impak/cms/members_online/members/findalawyer.asp
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