An exigent circumstance, in the American law of criminal procedure, allows law enforcement to enter a structure without a search 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 litmus test for determining whether such circumstances exist, and in each case the extraordinary situation must be measured by the facts known by officials.
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 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. 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 clear indications of exigency.
Exigency may be determined by: degree of urgency involved; amount of time needed to get a search 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 eradicated 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.
Famous quotes containing the words exigent, circumstance, united, states and/or law:
“The pursuit of Fashion is the attempt of the middle class to co-opt tragedy. In adopting the clothing, speech, and personal habits of those in straitened, dangerous, or pitiful circumstances, the middle class seeks to have what it feels to be the exigent and nonequivocal experiences had by those it emulates.”
—David Mamet (b. 1947)
“She found his manners very pleasing indeed.—The little flaw of
having a Mistress now living with him at Ashdown Park, seems to
be the only unpleasing circumstance about him.”
—Jane Austen (1775–1817)
“I thought it altogether proper that I should take a brief furlough from official duties at Washington to mingle with you here to-day as a comrade, because every President of the United States must realize that the strength of the Government, its defence in war, the army that is to muster under its banner when our Nation is assailed, is to be found here in the masses of our people.”
—Benjamin Harrison (1833–1901)
“The line that I am urging as today’s conventional wisdom is not a denial of consciousness. It is often called, with more reason, a repudiation of mind. It is indeed a repudiation of mind as a second substance, over and above body. It can be described less harshly as an identification of mind with some of the faculties, states, and activities of the body. Mental states and events are a special subclass of the states and events of the human or animal body.”
—Willard Van Orman Quine (b. 1908)
“The law is a great thing,—because men are poor and weak, and bad. And it is great, because where it exists in its strength, no tyrant can be above it. But between you and me there should be no mention of law as the guide of conduct. Speak to me of honour, and of duty, and of nobility; and tell me what they require of you.”
—Anthony Trollope (1815–1882)