What is the jurisdiction on search and seizures

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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

Answers:

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

Answered 4 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.).


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