In finding that the officers' actions violated the Fourth Amendment, the Court noted that "[b]efore agents of the government may invade the sanctity of the home, the burden is on the government to demonstrate exigent circumstances
that overcome the presumption of unreasonableness that attaches to all warrantless home entries.
33) This school of thought would view an emergency situation as a category or variant of exigent circumstances
A custodial arrest is always an exigent circumstance
that justifies a full body search for weapons, and any evidentiary material found may also be seized.
Supreme Court assumed that exigent circumstances
existed in this case, meaning there was a reasonable belief that evidence would be destroyed unless entry was made.
The chief justice correctly notes that the holding creates an "entirely new framework for analyzing exigent circumstances
164) One member of the three-judge panel dissented, siding with the minority of courts that have found warrantless seizures, absent exigent circumstances
, to be an unacceptable intrusion on Fourth Amendment Rights.
Another portion of the bill involves restrictions on Section 13(3) of the Federal Reserve Act, which allows the Fed to lend to any individual, partnership or corporation in "unusual and exigent circumstances
5) In other words, if an item "not immediately associated with the person of the arrestee" is removed from the arrestee's immediate control such that any search thereafter would be 1) "remote in time or place from the arrest" or 2) not subject to exigent circumstances
Entwistle's attorneys argue the two initial searches "cannot be justified by any exigent circumstances
," court documents filed in Middlesex Superior Court said.
The board also adopted a policy that would generally require it to submit the adoption or extension of any future stockholder rights plan to a stockholder vote, but reserved to itself the option of adopting a poison pill without a stockholder vote if exigent circumstances
and the exercise of its fiduciary responsibilities so warrant.
The executive branch shall construe subsection 404(c) of title 39, as enacted by subsection 1010(e), which provides for opening of an item of a class of mail otherwise sealed against inspection, in a matter consistent, to the maximum extent permissible, with the need to conduct searches in exigent circumstances
, such as to protect human life and safety against hazardous materials, and the need for physical searches specifically authorized by law for foreign intelligence collection.
21) Once the exigent circumstances
have been extinguished and the purpose of the scene's examination has evolved into one in which evidence to be used in a criminal proceeding is being sought, the warrant requirement of the Fourth Amendment is reestablished and must be scrupulously honored.
Thus, Segura assumed, without deciding, that police could not enter an occupied dwelling to secure the premises unless exigent circumstances
suggested that evidence was about to be destroyed.
107) Thus, some courts have held that when a house has "normal plumbing facilities" and officers are looking for small quantities of drugs, police may presume exigent circumstances
exist which will ob-viate the necessity of complying with the knock-and-announce rule.
The Company believes that it has fulfilled its obligations under the law due to the exigent circumstances
surrounding the cessation of operations.