To justify a warrantless search under exigent circumstances, which element must the prosecution show?

To justify a warrantless search under exigent circumstances, which element must the prosecution show?

• A. PC to believe the suspect has committed a serious crime or there is an emergency requiring action
• B. The suspect is known to the officer
• C. A warrant is always preferred
• D. The officer's personal belief suffices

Answer: (A)

When a situation is urgent enough that waiting for a warrant could endanger someone or allow evidence to be lost, the police may act without a warrant, but only if there is probable cause that a crime is being committed and that an emergency exists requiring immediate action. This means the facts would lead a reasonable officer to believe a crime is happening or has just occurred and that the urgency of the situation justifies quick action. Knowing the person or relying on a personal belief is not enough, and the idea that a warrant is always preferred ignores that exigent circumstances create a valid exception.

When a situation is urgent enough that waiting for a warrant could endanger someone or allow evidence to be lost, the police may act without a warrant, but only if there is probable cause that a crime is being committed and that an emergency exists requiring immediate action. This means the facts would lead a reasonable officer to believe a crime is happening or has just occurred and that the urgency of the situation justifies quick action. Knowing the person or relying on a personal belief is not enough, and the idea that a warrant is always preferred ignores that exigent circumstances create a valid exception.