SporkBoy wrote:
If the warrant specifies porn and computer stuff but nothing about guns, etc then all that stuff gets tossed, right?
Unless he consented the search ...
It depends. And could be a long explanation.
If there's consent then it's not "tossed."
Very generally, search warrants are supposed to be restrictive to any locations where the criminal evidence would be found. For instance, if you're looking for a stolen car, you probably can only access the garage or barn. Not the house or bedrooms or desks.
However, for a child pornography it can literally be in anything as small as a pocket so the entire house could be searched and all electronics seized.
As an educated guess the CP was probably linked to a computer server/router/IP address to the house address so the entire house is probably searchable, any electronic device found in any location including desk drawers, shoeboxes, etc.
However, it's more complex because it appears that there are 3 cars in the driveway. So if say multiple residents live in the house, the warrant might only cover the rooms where the CP might be. Folks have a reasonable expectation of privacy.
For instance, let's say you and Paul rent rooms in a house with Sarah. This can be very problematic and why it's a bad idea to have shady roommates. Cops can execute a warrant for Sarah's or Paul's illegal drugs or child porn ring and snare you up in it as well.
Assuming the cops are looking around executing the warrant, the guns alone may or may not have been an issue. But the alleged bombs or destructive devices might then rise to confiscating everything. Particularly when the letter and maps were found in proximity to same. If nothing else that can be justification for putting them into "evidence" which we know is code for you won't see them again for 2 years if ever. If there's evidence of a crime or criminal plot, as there apparently is here, it will stay in evidence until the case is resolved, probably years from now. While the legal items themselves may not be at issue they are arguably evidence of an overall plot/crime to attack the school, shoot the water tower to create a diversion, get on top of the water tower and snipe the shool, who knows.
Anyone remember when I suggested it was unwise to announce how you were not going to comply with I594... well here's an example of why. Cops suddenly have probable cause, raid your house, take everything into evidence, you get a legal headache, and won't get your stuff back for years.
If this guy was into CP, he'll be convicted of felony or many felonies and lose his gun rights and go to prison. If not he still has other legal problems.
News said he bailed out on $20,000.
