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Exigent circumstance in United States law - Wikipedia, the free encyclopedia
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Exigent circumstance in United States law
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An exigent circumstance, in the
American law of
criminal procedure, 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.
In the criminal procedure context, exigent circumstance means:
An emergency situation requiring swift action to prevent imminent danger to life or serious damage to property, or to forestall the imminent escape of a suspect, or destruction of evidence. There is no ready
Those circumstances that would cause a reasonable person to believe that entry (or other relevant prompt action) was necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of a suspect, or some other consequence improperly frustrating legitimate law enforcement efforts.
Exigent circumstances may make a warrantless search constitutional if There is no absolute test for determining if exigent circumstances exist, but general factors have been identified. These include: clear evidence of probable cause; the seriousness of the offense and likelihood of destruction of
evidence; limitations on the search to minimize the intrusion only to preventing destruction of evidence; and...
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