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When executing a search warrant for a 56" flat screen TV, what legal status applies if cocaine is found in a dresser drawer?
Admissible because of plain view
Admissible because of open view
Inadmissible because you exceeded the scope of the warrant
Inadmissible due to improper search procedure
The correct answer is: Inadmissible because you exceeded the scope of the warrant
When executing a search warrant, law enforcement is required to operate within the scope defined by the warrant itself. A search warrant for a specific item, such as a 56" flat screen TV, indicates that officers are authorized to search for evidence related to that item alone. If cocaine is discovered in a dresser drawer during the search, it would typically be considered beyond the intended scope of the warrant. The rationale for this is rooted in the legal principle that searches must be limited to the areas where the items described in the warrant are likely to be found. Finding items that are not listed in the warrant, especially something as significantly unrelated as cocaine compared to the TV, means that the officers went beyond what their warrant allowed. Therefore, such evidence is generally deemed inadmissible in court because it does not comply with the parameters set forth in the search warrant. This principle is crucial for upholding the Fourth Amendment rights against unreasonable searches and seizures.