Changes

==Origin==

==Origin==

French exigence, < [[Latin]] exigentia, < exigent-em, present participle of exigĕre (Urgent)

French exigence, < [[Latin]] exigentia, < exigent-em, present participle of exigĕre (Urgent)

*[http://en.wikipedia.org/wiki/16th_century 1581]

*[https://en.wikipedia.org/wiki/16th_century 1581]

==Definitions==

==Definitions==

*1: that which is required in a particular [[situation]] —usually used in plural <exceptionally quick in [[responding]] to the exigencies of [[modern]] [[warfare]] — D. B. Ottaway>

*1: that which is required in a particular [[situation]] —usually used in plural <exceptionally quick in [[responding]] to the exigencies of [[modern]] [[warfare]] — D. B. Ottaway>

:b : a state of affairs that makes urgent demands <a [[leader]] must [[act]] in any sudden exigency>  

:b : a state of affairs that makes urgent demands <a [[leader]] must [[act]] in any sudden exigency>  

==Description==

==Description==

An '''exigent''' circumstance, in the [[American]] [[law]] of [http://en.wikipedia.org/wiki/Criminal_procedure criminal procedure], allows law enforcement to enter a [[structure]] without a [http://en.wikipedia.org/wiki/Warrant_(law) warrant], or if they have a "[http://en.wikipedia.org/wiki/Knock_and_announce knock and announce]" warrant, without knocking and waiting for refusal under certain circumstances. It must be a situation where people are in imminent [[danger]], [[evidence]] faces imminent destruction, or a suspect will [[escape]].

An '''exigent''' circumstance, in the [[American]] [[law]] of [https://en.wikipedia.org/wiki/Criminal_procedure criminal procedure], allows law enforcement to enter a [[structure]] without a [https://en.wikipedia.org/wiki/Warrant_(law) warrant], or if they have a "[https://en.wikipedia.org/wiki/Knock_and_announce knock and announce]" warrant, without knocking and waiting for refusal under certain circumstances. It must be a situation where people are in imminent [[danger]], [[evidence]] faces imminent destruction, or a suspect will [[escape]].

In the [[criminal]] [[procedure]] [[context]], exigent circumstance means:

In the [[criminal]] [[procedure]] [[context]], exigent circumstance means:

<blockquote>Those circumstances that would cause a reasonable person to believe that entry (or other relevant prompt action) was necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of a suspect, or some other consequence improperly frustrating legitimate law enforcement efforts.</blockquote>

<blockquote>Those circumstances that would cause a reasonable person to believe that entry (or other relevant prompt action) was necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of a suspect, or some other consequence improperly frustrating legitimate law enforcement efforts.</blockquote>

Exigent circumstances may make a warrantless search [[constitutional]] if [http://en.wikipedia.org/wiki/Probable_cause probable cause] exists. The [[existence]] of exigent circumstances is a mixed question of [[law]] and [[fact]]. There is no [[absolute]] test for determining if exigent circumstances exist, but general [[factors]] have been identified. These include: clear [[evidence]] of [http://en.wikipedia.org/wiki/Probable_cause probable cause]; the seriousness of the [[offense]] and likelihood of destruction of [[evidence]]; [[limitations]] on the search to minimize the intrusion only to preventing destruction of [[evidence]]; and clear indications of exigency.

Exigent circumstances may make a warrantless search [[constitutional]] if [https://en.wikipedia.org/wiki/Probable_cause probable cause] exists. The [[existence]] of exigent circumstances is a mixed question of [[law]] and [[fact]]. There is no [[absolute]] test for determining if exigent circumstances exist, but general [[factors]] have been identified. These include: clear [[evidence]] of [https://en.wikipedia.org/wiki/Probable_cause probable cause]; the seriousness of the [[offense]] and likelihood of destruction of [[evidence]]; [[limitations]] on the search to minimize the intrusion only to preventing destruction of [[evidence]]; and clear indications of exigency.

Exigency may be determined by: [[degree]] of urgency involved; amount of time needed to get a [http://en.wikipedia.org/wiki/Warrant_(law) warrant]; whether [[evidence]] is about to be removed or destroyed; [[danger]] at the site; [[knowledge]] of the suspect that [[police]] are on his or her trail; and/or ready destructibility of the [[evidence]]. In determining the [[time]] [[necessary]] to obtain a warrant, a telephonic warrant should be considered. As electronic data may be altered or eradicated in seconds, in a factually compelling case the [[doctrine]] of exigent circumstances will support a warrantless seizure.

Exigency may be determined by: [[degree]] of urgency involved; amount of time needed to get a [https://en.wikipedia.org/wiki/Warrant_(law) warrant]; whether [[evidence]] is about to be removed or destroyed; [[danger]] at the site; [[knowledge]] of the suspect that [[police]] are on his or her trail; and/or ready destructibility of the [[evidence]]. In determining the [[time]] [[necessary]] to obtain a warrant, a telephonic warrant should be considered. As electronic data may be altered or eradicated in seconds, in a factually compelling case the [[doctrine]] of exigent circumstances will support a warrantless seizure.

Even in exigent circumstances, while a warrantless seizure may be permitted, a subsequent warrant to search may still be [[necessary]].[http://en.wikipedia.org/wiki/Exigency]

Even in exigent circumstances, while a warrantless seizure may be permitted, a subsequent warrant to search may still be [[necessary]].[https://en.wikipedia.org/wiki/Exigency]

[[Category: Law]]

[[Category: Law]]