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Encyclopedia > Exigent Circumstances

Exigent Circumstances is a term in American Law. It allows law enforcement to enter a structure 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. Law (a loanword from Old Norse lag), in politics and jurisprudence, is a set of rules or norms of conduct which mandate, proscribe or permit specified relationships among people and organizations, provide methods for ensuring the impartial treatment of such people, and provide punishments for those who do not follow... For the band, see The Police. ... Evidence can mean: Any observable event which tends to prove or disprove a proposition, see scientific method and reality. ... In the parlance of criminal justice, a suspect is a term used to refer to a person, known or unknown, suspected of committing a crime. ...


Generally, an emergency, a pressing neccessity, or a set, of circumstances requiring immediate attention or swift action. In the criminal procedure context, exigent cricumstances means " 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. There is no ready litmus test for determining whether such circumstances exist, and in each case the extraordinary situation must be measured by the facts known by officials." 'People v. Ramsey, 545 P.2d 1333,1341 (Cal. 1976).'


See Also

Lect Law definition


  Results from FactBites:
 
Canada, R. v. Silveira (2877 words)
Yet, exigent circumstances did exist: the nature of the crime, the public arrests near the dwelling-house and the belief by the police that they needed to enter the house in order to preserve the evidence while they awaited the search warrant which they believed to be on the way.
If the urgent emergency circumstances are such that the police are required to enter a dwelling without a warrant to preserve evidence, the question as to whether or not the serious nature of the breach would render the evidence obtained in a subsequent search inadmissible will have to be carefully considered on a case-by-case basis.
Exigent circumstances, both under the common law and under the Charter, constitute an exception to the ancient maxim "a man's home is his castle" which underlies the finding of a serious s.
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