I’m answering a great follow-up question that came straight from our producer, Brett at Circle 270 Media. After talking about search warrants and the “four corners” requirement, Brett asked: What happens if the police are searching for one thing, like a brick of cocaine, but while they're lawfully inside your house, they stumble on something else illegal—say, an unlawful firearm?

I walk you through the nuts and bolts of the Fourth Amendment, explaining how the “plain view” exception actually works and what it means if a search warrant turns out to be invalid. I’ll break down how law enforcement can—and can’t—use what they find, and why things like the “fruit of the poisonous tree” doctrine can make or break a case. If you’ve ever wondered what really happens when police find the unexpected during a search, this episode is for you.

Key takeaways:

• Plain View Doctrine: If law enforcement is lawfully present (with a valid warrant) and spots contraband in plain view, they are legally allowed to seize it—even if it’s not what they were originally searching for.
• Invalid Warrants Have Consequences: If a search warrant is later found invalid, any evidence found, including that seen in plain view, can be excluded from court under the “fruit of the poisonous tree” doctrine.
• Scope of Search Matters: Police can’t look for “an elephant in a shoebox.” If the warrant is for a large object (like a machine gun), searching small containers exceeds the scope—unless the warrant includes broader language about searching for related items.

Got a question you want answered on the podcast? Call 614-859-2119 and leave us a voicemail. Steve will answer your question on the next podcast!

Submit your questions to www.lawyertalkpodcast.com.

Recorded at Channel 511.

Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.

Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.

He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.

Steve has unique experience handling numerous high-publicity cases that have garnered national attention.

For more information about Steve and his law firm, visit Palmer Legal Defense.

Copyright 2025 Stephen E. Palmer - Attorney At Law

Mentioned in this episode:

Circle 270 Media Podcast Consultants

Circle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com