During a search warrant for a firearm, you see marijuana in the drawer. May you seize it?

During a search warrant for a firearm, you see marijuana in the drawer. May you seize it?

• A. May seize the marijuana
• B. May seize only if marijuana is in plain view
• C. May seize if there is separate probable cause
• D. May not seize the marijuana

Answer: (A)

Plain view during a lawful search allows seizing evidence that is clearly illegal or incriminating when it’s discovered while the officer is properly present and within the scope of the warrant. In this scenario, you’re executing a valid search warrant for firearms, so you may enter areas covered by the warrant and observe what’s in them. If marijuana is found in a drawer and it’s clearly illegal marijuana with no need to manipulate or search further to determine its nature, its incriminating character is immediately apparent. Because you’re lawfully present and the discovery is within the scope of the search, you may seize it without a separate warrant or additional probable cause. If the item weren’t in plain view or required digging beyond the warrant’s scope, the justification would be different, but here seizure is allowed.

Plain view during a lawful search allows seizing evidence that is clearly illegal or incriminating when it’s discovered while the officer is properly present and within the scope of the warrant. In this scenario, you’re executing a valid search warrant for firearms, so you may enter areas covered by the warrant and observe what’s in them. If marijuana is found in a drawer and it’s clearly illegal marijuana with no need to manipulate or search further to determine its nature, its incriminating character is immediately apparent. Because you’re lawfully present and the discovery is within the scope of the search, you may seize it without a separate warrant or additional probable cause. If the item weren’t in plain view or required digging beyond the warrant’s scope, the justification would be different, but here seizure is allowed.