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Old 12-27-2011, 04:57 PM
Loach Loach is offline
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Quote:
Originally Posted by Saint Cad View Post
So back to the OP's scenerio. Let's say it was videotaped that the guy asked for the search warrant, was denied and threatened with arrest if he persisted in seeing the search warrant before allowing officers entry.

1. If there was a valid search warrant that was "in the computer" or left on someone's desk, is the search still legal?

2. If there was no search warrant, was it a legal search since the guy "allowed" the search? (I hope to TFSM that it's a no since he was threatened with arrest if he didn't allow it.)
1. Would like to know the answer. I have a feeling its going to be different between jurisdictions. The exact circumstance has never happened to me so I'm not sure.

2. Absolutely not. If a search is done without a warrant it must fit one of the criteria for warrantless searches. If it is a search due to consent it must be an informed consent. You can't trick someone into consent. No reason to. If there actual exigent circumstances the law allows for that. If not no reason not to wait. Forcing consent would be an easy win for the defense.