Which two factors are required to determine whether a circumstance would be considered exigent?
Asked by: Shaina Stracke | Last update: February 8, 2026Score: 4.9/5 (58 votes)
To determine if circumstances are "exigent" (requiring immediate action without a warrant), courts look for a combination of (1) probable cause to believe a crime occurred/evidence exists, and (2) an urgent need for swift action, such as imminent danger to life, hot pursuit, or likely destruction of evidence, making it impractical to get a warrant. Essentially, it's about a serious situation demanding immediate police intervention, not just a minor issue.
What would be considered an exigent circumstance?
An emergency situation requiring swift action to prevent imminent danger to life or serious damage to property, or to forestall the imminent escape of a suspect, or destruction of evidence.
What is the meaning of exigent conditions?
The term exigent means needing immediate action and the exigent circumstances definition refers to an urgent situation that requires prompt action by law enforcement.
What are two exceptions to the warrant requirement?
Exceptions to the Warrant Requirement
These include: Exigent circumstances. Plain view. Search incident to arrest.
What are some of the factors that a police officer may consider in determining whether there is reasonable suspicion to stop an individual?
Observations of Suspected Criminal Activity: Officers may rely on their training and experience to recognize behaviors, actions, or circumstances that are consistent with criminal activity. These observations can include furtive movements, nervous behavior, or suspicious interactions.
Exigent Circumstances - Every Officer Must Know This
What factors should police officers consider when determining who the predominant aggressor is during a domestic violence investigation?
The extent and seriousness of the physical injuries typically indicate who was more aggressive during the incident. Police must assess which party is more likely to initiate further violence. The presence of threats, intimidation, or coercive behavior is also evaluated.
What two factors must be present to trigger a police officer's duty to read a suspect the Miranda warning?
Miranda warnings are required only when two conditions are present, those being custody and interrogation. Custody exists when a reasonable person in the suspect's position would not feel free to leave. Interrogation involves questioning or conduct by law enforcement designed to elicit an incriminating response.
What are the two things that need to be given in a warrant?
For the police to get a search warrant, they must have enough information – probable cause – to explain to a judge that a crime has likely been committed, and that evidence of a crime is likely to be found at a specific location.
What are exigent circumstances in the 9th circuit?
The Ninth Circuit generally defines “exigent circumstances as those circumstances that would cause a reasonable person to believe that entry . . . was necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of the suspect, or some other consequence ...
What three elements are required to consider a warrant valid?
A valid search warrant must meet four requirements: (1) the warrant must be filed in good faith by a law enforcement officer; (2) the warrant must be based on reliable information showing probable cause to search; (3) the warrant must be issued by a neutral and detached magistrate; and (4) the warrant must state ...
What makes a situation an exigency?
Exigent circumstances refer to urgent situations that require immediate action, allowing law enforcement to bypass standard procedures. These circumstances arise when a reasonable person would believe that prompt action is necessary to prevent physical harm or to preserve evidence.
What does exigent mean?
1. : requiring immediate aid or action. exigent circumstances. 2. : requiring or calling for much : demanding.
What are some examples of exigency in action?
The police might enter a home without a warrant due to the exigency of the situation. The exigency of funding issues led the nonprofit organization to seek immediate donations. The power outage caused an exigency at the hospital that required immediate action to ensure patient safety.
Does exigent mean emergency?
Exigency refers to urgent situations that require immediate action to prevent potential loss of life or property. These situations may also involve the risk of a subsequent event occurring soon after, which could worsen the damage or increase the risk to life if not addressed promptly.
Can police officers create their own exigent circumstances?
Under this doctrine, the exigent circumstances encountered by police must have been unanticipated rather than created by the police themselves.
What is required to justify a warrantless search and seizure?
For instance, a warrantless search may be lawful, if an officer has asked and is given consent to search; if the search is incident to a lawful arrest; if there is probable cause to search, and there is exigent circumstance calling for the warrantless search.
What are three types of exigent circumstances?
Miller: Now you described three exigent circumstances that might allow a police officer to enter someone's house or other REP area - hot pursuit, destruction of evidence and emergencies.
Do special circumstances affect legal proceedings?
If the jury finds special circumstances exist, the trial moves to the penalty phase. This is a separate proceeding where the jury decides whether to impose the death penalty or life without parole.
What is the 9th circuit provocation rule?
Under the "provocation rule," a peace officer's otherwise reasonable use of force would be deemed unreasonable if the officer 1) "intentionally or recklessly provokes a violent confrontation" and 2) "the provocation is an independent Fourth Amendment violation." In County of Los Angeles v.
What are the three requirements that must be satisfied before a warrant can be issued?
A police officer, or other official seeking a warrant, must establish probable cause to the satisfaction of a judge, must make an “[o]ath or affirmation” as to the truth of the matters supporting probable cause, and must “particularly describ[e] the place to be searched, and the persons or things to be seized.” A ...
What are two characteristics of a warrant?
Holders of warrants have the right to buy stock from the issuer at a stated price for a specific time period. Warrants are considered equity-equivalent securities. They do not pay dividends which are only paid to stockholders, and the owner of the warrant does not own the stock until the warrant is exercised.
How long will I be in jail if I have a warrant?
In the event that you are unable to post the required bail amount following your arrest on a bench warrant, you may be detained until your next scheduled court appearance. This interim period can range from a few days to several weeks, depending on the court's calendar and the specific circumstances of your case.
Which two factors must exist in order for a law enforcement officer to obtain evidence of criminal activity under the plain view
(1) Lawful discovery: The officers must have had a legal right to be at the location from which they initially saw, felt, or smelled the evidence. (2) Probable cause: Upon discovering it, they must have had probable cause to believe it was, in fact, evidence of a crime.
What are two requirements for reading the Miranda rights?
Circumstances triggering the Miranda requisites
Miranda warnings, are "custody" and "interrogation". Custody means formal arrest or the deprivation of freedom to an extent associated with formal arrest. Interrogation means explicit questioning or actions that are reasonably likely to elicit an incriminating response.
What factors influence whether a police officer arrests a person or not?
The Graham factors are the severity of the crime at issue; whether the suspect posed an immediate threat; and whether the suspect was actively resisting or trying to evade arrest by flight. The “severity of the crime” generally refers to the reason for seizing someone in the first place.