The police searched my home and confiscated something from my back porch that they are using as evidence to base their whole case on. Is this evidence even admissible? Shouldn't the police have had a search warrant?
that would depend,when they presented the warrant,did you read it?does it stipulate the exact locations to be searched?example---did it state any part of the residence,including the main property?did the warrant specifically mention what they were searching for?did the warrant specify the grounds in which the warrant was founded upon to give cause,and reasons to allow an issuence of warrant?did the item,or evidence found,have any relation to what was being searched for?if the warrent does not seek for example,for drugs that are illegal,and they find,illegal guns instead,then the warrant would,or as i see it,should only be valid for their intent,only.and the possesion of illegal guns,being incorperated into the charge,without any possesion of drugs,would not warrant a charge,but if the search found the drugs in possesion,and the guns,then both can be used,under federal laws that make it a federal offense of having illegal firearms in the possesion of an individual,with drugs also.the reasonable search,is a process in which the reasons were founded upon a cause in relation to a crime.
i am not an attorney,you should consult with one in your home state.good-luck,friends.