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3 Suppose the Norfolk Police Department ( NPD ) has been investigating fentanyl drug dealer Troy, and Detective Q has developed probable cause to believe
Suppose the Norfolk Police Department NPD has been investigating fentanyl drug dealer Troy, and Detective has developed probable cause to believe that Troy's cell phone, contains data and related evidence of Troy's drug dealing. Today Detective observes Troy in a public park commonly used for drug trafficking. Detective does not have either an arrest or search warrant. When Troy observes Detective approach him, Troy immediately drops his cell phone and is about to step on it in an attempt to destroy his cell phone.
Seeing this is about to happen, Detective leaps at Troy and successfully prevents Troy from crushing his cell phone. Detective then seizes Troy's cell phone.
True or false: Presuming Detective Q lawfully seized the cell phone to prevent its imminent destruction, Detective still needs to obtain a search warrant to search the contents of Troy's cell phone.
True
False
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