Officer Tom is executing a validly obtained search warrant in Kathryn's home. The warrant gives him the right to search every room in the house but is limited to a search for automatic weapons and handguns. When he walks into the kitchen, he sees an open box filled with small plastic bags containing small pills. A closer inspection reveals that the pills are ecstasy, an illegal narcotic. May Officer Tom seize the drugs even though the warrant did not include a search for drugs, and would the drugs be admissible in court?
What will be an ideal response?
Officer Tom may seize the drugs because even though not specified in the warrant, they were found sitting out in the open. Officer Tom had the right to be in the kitchen pursuant to the warrant, and the drugs were in the open on a table in plain view. Having been seized legally, the drugs would be admissible in a court of law and may be used to prosecute Kathryn.
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a. introduction b. opening c. preparation d. excitement
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