Quote Quoting violatated
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But they didn't arrest her would that still apply? Doesn't the law state that if there is a "reasonable expectation of privacy" the police must obtain a search warrant? Her phone was dead the officer actually asked the store manager to get a charger so he could charge and search it. She had already returned the property.
what do you mean "she already returned the property". You can't unsteal something.

the "reasonable expectation of privacy" is not the issue. It is simply if a warrant is required or not.

As to exigency; if they believed a partner in crime was able to escape due to the delay required to obtain a warrant, they may be able to make such a claim. Not sure if that would be enough to justify the search but it might if they could defend the action itself as having some value. I don't see how it would but I don't always win my arguments.

so, the question is; what does she want to do about it?