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Can police search my house after a traffic stop?

Denver, CO |

pulled over for speeding, officer says I have Warrant, Search of my car (inventory from needing to be towed) finds drugs, possible charges would entail , sales, possession, possible distribution, See they did not charge me because the drugs they found were actually body building protein powders and such. They took bag for investigation obvious that contents being sold in nefarious ways. so they have there eyebrows raised. took iPad. what if after testing they find the contents to be illegal can they obtain search warrant for my house and computers?
Now no charges filed yet (3 months now)

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Attorney answers 5

Posted

They could, given the facts as you have expressed them. However, they might not. You never know.

The information provided in this answer is only general shall not be deemed to create an attorney-client relationship.

Posted

It is possible, though not certain from the limited facts you present, that the police could develop probable cause to believe that evidence of a crime could be found in your home. In that case, they could get a search warrant. It would be best not to keep anything incriminating in your home.

You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.

Posted

If they sell it right to whatever judge is on "warrant duty" for the week, they could possibly get a search warrant for your house and computers. I would error on the side of caution and be concerned that they would and make sure that you do not have anything incriminating readily apparent.

The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.

Posted

With a warrant, police can search your home anytime.

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.

Posted

It's possible, but since it was 3 months ago, they may have trouble convincing a judge that there's probable cause to believe there's evidence of a crime at your residence now, based on those facts alone. However, you can't be too cautious. If there's something you wouldn't be proud of in your house, or on your computer, get rid of it. Odds are if the contents of the bag are determined to be contraband, you'll be arrested and charged with possession. If you're in your home when they serve the warrant, the officers can do a safety sweep and any contraband in plain sight can be used against you.

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