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| rdfs:label | |
| rdfs:comment | - An exigent circumstance allows law enforcement to enter a structure without a warrant, or if they have a "knock and announce" warrant, without knocking and waiting for refusal, under certain circumstances. It must be a situation where people are in imminent danger, evidence faces imminent destruction, or a suspect will escape. Exigent circumstances are: Even in exigent circumstances, while a warrantless seizure may be permitted, a subsequent warrant to search may still be necessary.
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| dcterms:subject | |
| dbkwik:itlaw/property/wikiPageUsesTemplate | |
| abstract | - An exigent circumstance allows law enforcement to enter a structure without a warrant, or if they have a "knock and announce" warrant, without knocking and waiting for refusal, under certain circumstances. It must be a situation where people are in imminent danger, evidence faces imminent destruction, or a suspect will escape. Exigent circumstances are: Exigent circumstances may make a warrantless search constitutional if probable cause exists. The existence of exigent circumstances is a mixed question of law and fact. There is no absolute test for determining if exigent circumstances exist, but general factors have been identified, which include: 1.
* clear evidence of probable cause; 2.
* the seriousness of the offense and likelihood of destruction of evidence; 3.
* limitations on the search to minimize the intrusion only to preventing destruction of evidence; and 4.
* clear indications of exigency. Exigency may be determined by: degree of urgency involved; amount of time needed to get a warrant; whether evidence is about to be removed or destroyed; danger at the site; knowledge of the suspect that police are on his or her trail; and/or ready destructibility of the evidence. In determining the time necessary to obtain a warrant, a telephonic warrant should be considered. As electronic data may be altered or destroyed in seconds, in a factually compelling case the doctrine of exigent circumstances will support a warrantless seizure. Even in exigent circumstances, while a warrantless seizure may be permitted, a subsequent warrant to search may still be necessary.
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