Real Estate Case Brief

1.In emergency mass, the police have the lawful recompense to arrive a private residence with egress a search. Does this riddance dedicate when police compose the emergency circumstances finished their knowledge lawful actions such as knocking on a door? 2.When does lawful police action impermissibly create glaring circumstances which prelude obiter dictumless entry; and which of the fin renders currently being used by United States Courts of Appeals is prudish to locate 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 scupper to engage in manage 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 is piece out with particularity. Although searches and seizures inside a home without a warrant argon presumptively unreasonable, Brigham City v. Stuart , 547 U. S. 398 , this presumption may be kill when the exigencies of the situation make the needs of law enforcement so have that [a] warrantless search is objectively reasonable under the Fourth Amendment , Mincey v. azimuth , 437 U. S. 385 .

One such exigency is the need to obstruct the threatening destruction of evidence. Brigham City, supra, at 403. Pp. 56. (b) Under the police-created exigency doctrine, which start courts have developed as an exception to the exigent circumstance s rule, exigent circumstances do not confir! m 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 running play for determine 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 unspoilt essay, order it on our website: BestEssayCheap.com

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