Federal customs opened a red package, found heroin, resealed it, and delivered it. Two hours later, a warrant was used to search the house, where more contraband was found. Should the defendant be charged on the house search?

• A. Yes, because the search exceeded the warrant’s authority
• B. No, because the warrant validly authorized a full house search
• C. Yes, because heroin found in the package is enough for a charge
• D. No, because the search of the house was incidental to the initial seizure

Answer: (A)

The key idea is that a search warrant must specify both the place to be searched and the items to be seized, and police cannot go beyond what the warrant authorizes. A border seizure at customs is lawful, but it does not automatically authorize a broad search of a home. If, as in this scenario, a warrant is then used to search the house and that warrant does not expressly authorize a full house search, the house search exceeds the warrant’s authority and the evidence obtained there would be improper to use for charges based on that search. The drugs found inside the house would have to be excluded if the search stayed within the warrant’s stated scope, whereas the border-found heroin could support separate charges unrelated to the house search. The other options rely on assuming the warrant covered a full house search, or treat the border seizure as automatically justifying the house search, or regard the house search as incidental to the initial seizure, which doesn’t fit the given facts.