Can a search warrant be obtained without a warrant?

California, United States of America


The following excerpt is from People v. Lutter, E066173 (Cal. App. 2018):

not claim present authority to search under a warrant. Instead, the officer merely informed defendant that he would obtain a warrant if defendant did not consent to the search. Moreover, in the same breath the officer expressly informed defendant that he need not consent to the search, that the search was expected to reveal incriminating evidence, and that such evidence would be admissible against him." (People v. Ruster, supra, at p. 701.)

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