Question

Discuss what might constitute exigent circumstances. Give specific examples.

Answer 1

An exigent circumstance relates to an emergency situation or condition in which the criminal procedure law of the United States (U.S), allows officials to enter a structure warrantless or without a search warrant or without knocking and waiting for resistance to enter. Such an entry is allowed when people are perceived to be in immediate danger, the evidence is at the risk of immediate destruction, there are chances of a suspect's immediate escape and there are grave chances of damage to property. These situations constitute exigent circumstances. In exigent circumstances, a warrantless search becomes 'constitutional'. Whether a situation can be regarded as exigent circumstance depends on the level of urgency involved, presence of a probable cause, possibility of destruction of evidence, perceived staidness of offense and the time required to attain a search warrant. Even when exigent circumstance prevails, a search warrant may still be indispensable, on a later occasion.