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Exigent circumstances

Because privacy of the home is the essence, the Fourth Amendment, poHce actions must relate to the authorized intrusion. AH searches outside the judicial process, without prior approval of a judge, is per se unreasonable [24]. The poHce must estabHsh exigent circumstances to overcome this presumption. Only poHce can serve a warrant. Furthermore, members of the media and third parties cannot be present during execution of a search warrant [25, 26]. It is noteworthy that a vaHd arrest warrant cannot be used to enter the home of a third party named in the warrant. There must be a search warrant based on probable cause if the named person is on the premises [27]. Upon execution of a vaHd search warrant, poHce may detain its occupants whHe conducting the search [28]. Also, during the search of the premises, the police may not automaticaUy search someone else found at that location. The third party may be subjected to a safety pat down search based on a reasonable articuable basis for their safety and then temporarily detained, but nothing more. [Pg.250]

When the theft of explosives is investigated, the threat is balanced against known facts to create a low threshold of probable cause for a search. If a genuine threat is represented, exigent circumstances would aptly permit a warrantless search in a criminal investigation. [Pg.268]

Exigent circumstances refer to circumstances demanding attention. Exigent circumstances typically involve an event where it is clearly evident that rapid intervention is required to prevent the immediate loss of life or property. [Pg.135]

Travel of eligible family members shall be in conjunction with the approved home leave of the staff member, provided that exceptions may be granted if the exigencies of the service or other special circumstances prevent the staff member and his or her family members from travelling together. [Pg.617]


See other pages where Exigent circumstances is mentioned: [Pg.256]    [Pg.74]    [Pg.135]    [Pg.256]    [Pg.74]    [Pg.135]    [Pg.271]    [Pg.271]    [Pg.55]    [Pg.173]    [Pg.123]    [Pg.158]    [Pg.22]    [Pg.49]    [Pg.301]    [Pg.615]    [Pg.33]    [Pg.96]    [Pg.107]    [Pg.355]    [Pg.471]    [Pg.498]   
See also in sourсe #XX -- [ Pg.135 ]




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