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Old 12-27-2011, 03:36 AM
JBDivmstr JBDivmstr is offline
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Join Date: Jun 1999
Location: Texas... Need I say more?
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Quote:
Originally Posted by IMfez View Post
About a year ago I saw a video (which I can't find now) where the police were in confrontation with a dad on the doorstep of his house, because they were searching for his child (regarding some crime) The parents demanded to see a search warrant to let the cops in. The cops said they had a warrant but it was in the computer (in their car) and "If you don't step aside you're going to jail." Not knowing what to do, the dad eventually caved in and the cops started searching the home.


Is this legal? I thought the cops had to present you with a warrant in the US. Seems that in the above example, the cop could have easily faked a warrant.
(bolding mine)

IANAL
IIRC, 'searching for someone involved in a crime' without a warrant, is only allowed in the case of a felony crime when the perpetrator is known (or reasonably suspected) to be on the premises.
As others have already said, if the cops have a warrant it will be presented. It might be after they've kicked the door in and you're in cuffs, but they will have a physical document to present to you. For one thing, the warrant will (should) state exactly what they are searching for.

In the case of a child being abused or neglected, there is no requirement for a warrant. The cops are going to come in and verify whether or not a child is 'in harms way'. I'm not sure whether or not they can act upon any other illegal things that they observe.
Again IANAL, BUT this is my understanding of the law here in Texas. YMMV
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