What is called an exception to the search warrant requirement that allows an officer to conduct a search without having the warrant in-hand if probable cause is present and destruction of the evidence is deemed imminent?
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A. B. C. D.B.
An Exigent Circumstance is an unusual and time-sensitive circumstance that justifies conduct that might not be permissible or lawful in other circumstances.
For example, exigent circumstances may justify actions by law enforcement officers acting without a warrant such as a mortal danger to a young child.Examples of other exigent circumstances include protecting evidence or property from imminent destruction.
In US v Martinez, Justice Thomas of the United States Court of Appeal used these words: "As a general rule, we define exigent circumstances as those circumstances that would cause a reasonable person to believe that entry was necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of the suspect, or some other consequence improperly frustrating legitimate law enforcement efforts." In Alvarado, Justice Blackburn of the Court of Appeals of Georgia referred to exigent circumstances in the context of a drug bust: "The exigent circumstance doctrine provides that when probable cause has been established to believe that evidence will be removed or destroyed before a warrant can be obtained, a warrantless search and seizure can be justified.
As many courts have noted, the need for the exigent circumstance doctrine is particularly compelling in narcotics cases, because contraband and records can be easily and quickly destroyed while a search is progressing.
Police officers relying on this exception must demonstrate an objectively reasonable basis for deciding that immediate action is required." All of the other answers were only detractors made up and not legal terms.
Reference(s) used for this question: Source: KRUTZ, Ronald L.
& VINES, Russel.
D., The CISSP Prep Guide: Mastering the Ten Domains of Computer Security, 2001, John Wiley & Sons, Page 313
and http://www.duhaime.org/LegalDictionary/E/ExigentCircumstances.aspx.
The answer is B. Exigent Circumstance Doctrine.
The Fourth Amendment of the United States Constitution protects citizens from unreasonable searches and seizures. Generally, law enforcement officers must obtain a search warrant, supported by probable cause and signed by a judge, before conducting a search of a person, their property, or their home. However, there are certain exceptions to the search warrant requirement. One such exception is the Exigent Circumstance Doctrine.
The Exigent Circumstance Doctrine allows law enforcement officers to conduct a search without a warrant when they have probable cause to believe that evidence of a crime will be destroyed or lost unless they act immediately, and there is not enough time to obtain a warrant. For example, if a police officer is chasing a suspect who enters a house, the officer can search the house without a warrant if they have probable cause to believe that the suspect is in the house and could destroy evidence if they are not apprehended quickly.
The Exigent Circumstance Doctrine is based on the idea that in certain circumstances, the need for law enforcement to act quickly to prevent the destruction of evidence outweighs the individual's right to privacy. However, the doctrine is limited in scope and requires that the circumstances meet a high standard of exigency. The doctrine is subject to judicial scrutiny, and courts will evaluate whether the officers' actions were reasonable under the circumstances.
In conclusion, the Exigent Circumstance Doctrine is an exception to the search warrant requirement that allows law enforcement officers to conduct a search without a warrant if there is probable cause to believe that evidence of a crime will be destroyed or lost unless they act immediately. This doctrine is subject to judicial scrutiny, and the officers' actions must be reasonable under the circumstances.