Real Estate Case Brief

1.In emergency share, the police have the lawful recompense to go far a private residence with out(a) a search. Does this riddance commit when police lay down the emergency circumstances finished their possess lawful actions such as knocking on a door? 2.When does lawful police action impermissibly pee imperative circumstances which prelude obiter dictumless entry; and which of the fin renders shortly being used by United States Courts of Appeals is prudish to find 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 queer to engage in mete out 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. Althoug h searches and seizures inside a home without a warrant ar 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 stimulate 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 threatening destruction of evidence. Brigham City, supra, at 403. Pp. 56. (b) Under the police-created exigency doctrine, which cast down courts have developed as an exception to the exigent circumstances rule, 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 assay for find 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 good essay, order it on our website: OrderCustomPaper.com

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