What is the jurisdiction on search and seizures

UPDATED: Sep 30, 2022

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What is the jurisdiction on search and seizures

Recently an officer came to my house. He said he needed my phone and asked if he
could come in. I said ‘I’d rather you stay out here’. He walked in anyway and I
said again ‘don’t you need a warrant’ to which he replied ‘no, you could delete
evidence’. He then took my phone and asked to go through it. I game him
permission to go through it because he had already taken it so whats the point.
But if later on he said they can recover deleted files then how could I delete
the alleged evidence anyway? wouldn’t it be there either way so he should have
gotten a warrant first?

Asked on January 28, 2017 under Criminal Law, Oregon


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If the police officer had probable cause (a reasonable belief that criminal activity was afoot), he would not need a search warrant to take the phone because by the time he returned with the warrant the phone might be gone (hidden, thrown away, etc.).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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