Misc

Question 1

When can exigency be used to enter a structure under structure/residence searches?

Answer 1

Prevent the destruction of evidence of a serious felony offense; or

Effect a warrantless arrest of a violent or dangerous suspect who officers have probable cause to believe committed a serious felony or violent offense and may escape if not immediately apprehended.

Question 2

Define exigent circumstance

Answer 2

A time-critical exception to the search warrant requirement for acting on an investigative emergency based on probable cause for a criminal investigation.

Police cannot create the exigent circumstance or use a ruse to affect a warrantless search.

Question 3

Hot Pursuit

Answer 3

A sub-category of “exigent circumstances” allowing entry into a structure when there is probable cause to believe a dangerous person has committed a serious felony. The suspect is fleeing from law enforcement and the officer has direct knowledge of the suspect’s location. (Not to be confused with fresh pursuit.)