5 Reasons That Evidence Might Be Destroyed Before Getting a Search Warrant
There are five factors relevant to a reasonable determination by searching officers that evidence might be destroyed or removed before they could obtain a search warrant.
Those factors include:
(1) the degree of urgency involved and the amount of time necessary to obtain a warrant;
(2) reasonable belief that the contraband is about to be removed;
(3) the possibility of danger to police officers guarding the site of the contraband while a search warrant is sought;
(4) information indicating the possessors of the contraband are aware that the police are on their trail;
(5) the ready destructibility of the contraband and the knowledge that efforts to dispose of narcotics and to escape are characteristic behavior of persons engaged in narcotics traffic. See McNairy v. State, 835 S.W.2d 101, 107 (Tex. Crim. App. 1991).