What Are Exigent Circumstances?
Exigent Circumstances provide a legal basis for police to enter a structure without a warrant. It must be a situation where people are in imminent danger or a suspect is about to escape or destroy evidence. A search made as a result of an entry due to exigent circumstances can be constitutional if exigent circumstances exist. What Is Needed to Prove Exigent Circumstances in Court?
There is no standard test to establish whether exigent circumstances exist since the situation is one of extraordinary circumstances. However, there are several factors that are looked at: - 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;
- 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;
- ready destructibility of the evidence.
Once an entry is made due to exigent circumstances, it may still be necessary for police to obtain a warrant before conducting a search. Do I Need a Lawyer?If your home has been searched or entered based on a claim of exigent circumstances, you should speak to a lawyer immediately. An experienced criminal defense lawyer can help you determine whether the search was legal and advise you of your rights. A lawyer can also represent you in court. |
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