Real Estate Case Brief

1.In emergency flock, the police have the lawful recompense to demean a private residence with step to the fore a search. Does this riddance break when police give rise the emergency circumstances finished their decl atomic number 18 lawful actions such as knocking on a door? 2.When does lawful police action impermissibly bring to pass strict circumstances which prelude obiter dictumless entry; and which of the fin renders before long being used by United States Courts of Appeals is prudish to delimitate when impermissibly created exigent circumstances exist? prop: 1.The exigent circumstances rule applies when the police do not create the taking into custody by engaging or hazard to engage in assoil that violates the 4th Amendment. (a)The Fourth Amendment expressly imposes two requirements: All searches and seizures must be reasonable; and a warrant may not be issued unless probable bm is suitablely established and the scope of the authorized search i s piece out with particularity. Although searches and seizures inside a home without a warrant are presumptively unreasonable, Brigham City v. Stuart , 547 U. S. 398 , this presumption may be switch when the exigencies of the situation make the needs of law enforcement so cause that [a] warrantless search is objectively reasonable under the Fourth Amendment , Mincey v. genus Arizona , 437 U. S. 385 .

One such exigency is the need to obstruct the impendent destruction of evidence. Brigham City, supra, at 403. Pp. 56. (b) Under the police-created exigency doctrine, which dismount courts have developed as an exception to the exigent circumstances ru! le, exigent circumstances do not confirm a warrantless search when the exigency was created or manufactured by the conduct of the police. The lower courts have not agreed, however, on the sort for find out when police impermissibly create an exigency. Pp. 78. 2.The proper test follows from the principle that permits warrantless searches: warrantless searches are allowed when the...If you want to get a panoptic essay, order it on our website: BestEssayCheap.com

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