What are exigent circumstances in relation to warrantless entry by police?

Full question:

What does it mean when a judge will say " The court also held that the entry did not fall within the exigent circumstances exception to the warrant requirement?

  • Category: Courts
  • Date:
  • State: Maryland

Answer:

Exigent circumstances allow police to enter a home without a warrant if they have probable cause to believe a crime was recently committed there and that evidence or suspects are present. The police must show that immediate action is necessary to: (1) prevent the destruction of evidence, (2) protect officers or others, or (3) prevent a suspect's escape.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

The three main exceptions to the warrant requirement are exigent circumstances, consent, and search incident to arrest. Exigent circumstances allow police to act quickly to prevent evidence destruction or protect lives. Consent occurs when a person voluntarily agrees to a search. A search incident to arrest allows police to search an arrestee and the immediate area for weapons or evidence. These exceptions help law enforcement respond effectively in certain situations without needing a warrant.

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