However, law enforcement agents may conduct warrantless searches in emergencies, a rule known as the "exigent circumstances exception to the general warrant requirement." In order to protect the integrity of the warrant requirement, lower courts developed a variety of tests to disqualify "police-...
(#17) FOURTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. SIGNED BY JUDGE THOMAS W. THRASH, JR. ON 07/01/2020. (DDM) (ADI) (ENTERED: 07/02/2020) ...
but not in the context of prison disciplinary proceedings. "Prison disciplinary proceedings take place in a highly charged atmosphere, and prison administrators must often act swiftly on the basis of evidence that might be insufficient in less exigent circumstances." Hill, at 456. Other courts have...
The key issue for the court’s determination is whether the warrantless entry into the property on Rockingham and the recovery of certain items of physical evidence was justified in light of exigent circumstances. And there’s--this is really a gray area of the law. I mean, there’s no s...
, rates, and preventing the exercise of the agreed remedies, because under the circumstances, they were inequitable and an abuse of process. This is eminently proper, for such conduct is always subject to the police power. No provision of the Federal Constitution, whether contract clause, due ...
Charles H. Williams and Paul Mones on behalf of Washington Coalition Against Domestic Violence, Washington Association of Criminal Defense Lawyers, and National Battered Women's Law Project, amici curiae for respondent. DURHAM, J. In this case, we are asked to address two important and distinct ...
The emergency aid doctrine is a recognized exception to the warrant requirement. The doctrine applies when "'exigent circumstances . . . require public safety officials, such as the police, firefighters, or paramedics, to enter a dwelling without a warrant for the purpose of protecting or preservi...
and that the black bag containing the weapons was in plain view. The Appellate Division affirmed. The New Jersey Supreme Court determined N.D. had apparent authority to consent to the officer’s search of the storage trailer. However, the exigent-circumstances exception to the warrant requirement...