Do the cops have to produce a search warrant if asked?
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Do the cops have to produce a search warrant if asked?
Asked on August 17, 2016 under Criminal Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The police need not produce a search warrant at the time of a search, even though one may have been validly issued; the police do not physically have to have it at the time. However, they must produce a warrant within a reasonable time thereafter. That having been said, there are times when the police can conduct a search without a warrant. For example, they can search someone who has been arrested for weapons, illegal goods or other evidence of a crime; if they have probable cause and believe that a person will destroy the evidence of a crime before a judge can issue a warrant; if contraband is in plain view; if in the time it would take to get a warrant it would jeopardize public safety or lead to the loss of important evidence; or if consent to a search has been obtained. Additionally, in some states, the police can also search cell phones or other electronic devices in a suspect's possession when arrested.
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