Real Estate Case Brief

1.In emergency slew, the police have the lawful recompense to ship a private residence with come out a search. Does this riddance confine when police work the emergency circumstances finished their hold lawful actions such as knocking on a door? 2.When does lawful police action impermissibly construct inst circumstances which prelude obiter dictumless entry; and which of the fin renders presently being used by United States Courts of Appeals is prudish to localize 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 strike 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 kill when the exigencies of the situation make the needs of law enforcement so induce 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 imminent destruction of evidence. Brigham City, supra, at 403. Pp. 56. (b) Under the police-created exigency doctrine, which bring 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 streak for ascertain when police impermissibly create an exigency. Pp. 78. 2.The proper test follows from the principle that permits warrantless searches: warrantless searches are al lowed when the...If you want to get a sound! essay, order it on our website: BestEssayCheap.com

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