The attorneys have questioned why police would have including searching for “narcotics” in the affidavit seeking to search the Jean’s apartment.
Legal experts say there are valid reasons investigators would have done so.
“When you’re conducting an investigation, the whole point is you’re trying to figure out what happened. You don’t know what’s important,” said Chris Mulder, a Dallas attorney. “You get the warrant out of an abundance of caution and you list in the warrant anything that could possibly be relevant … so that nobody can complain about it later. It’s just good police work.”
Mulder and other legal experts say investigators would not want to risk evidence being thrown out because they did not include it in the search warrant. Legal experts pointed out that if police had not included narcotics in the search warrant and drugs had been found, for instance, in Guyger’s belongings left in Jean’s apartment, then that evidence would have been inadmissible in court.
“You go ahead and put it in there just in case you find it,” Mulder said.
He also says they may have included “narcotics” in the search warrant because someone may have already seen it out in the open in the apartment.
“I’m sure everybody saw it when they went in there to treat the man who had been shot,” Mulder said. “It’s in plain view. They’ve got to collect it."
The attorney and Jean’s family also were upset that the news that marijuana was found became public on the same day that his funeral was being held.
“The fact that, moments after this funeral, we’re now addressing questions like this tells you the issues that we have with police officers,” attorney Daryl Washington said. “And quite frankly, the fact that they released this information shows that police officers are known for covering for each other.”
However, the timing could have been coincidental. Thursday marked the deadline for the search warrant return – the list of items taken from the apartment – to be taken back to court. WFAA obtained its copy of the return from the court.
Among the items taken in the search were two bullet casings, a police backpack, Guyger’s ballistic vest and two used packages of medical aid.
A search of a crime scene is standard procedure. In cases where a person cannot voluntarily give consent for a search, investigators routinely obtain search warrants. Otherwise, investigators would risk that the evidence that was obtained would later be thrown out by a judge.
A consensual search was conducted on Guyger’s apartment in the hours after the shooting, according to information WFAA obtained from a source close to the investigation that was later confirmed by Merritt.
It is unclear if police took anything during that search. The source said he was unsure if anything was taken because investigators did not provide an inventory.
Lawyers on Friday also accused Dallas police of “preferential treatment” toward Guyger and alleged officers were leaking information to the media.
Search warrants, it should be noted, are court documents and thus are public record. Consensual searches are not public record because they aren’t accompanied by any corresponding court documents.