To this end, the author will address the authority of law enforcement officers to act without warrants in situations normally requiring them but presenting exigent circumstances
that prohibit investigators from proceeding as deliberately as usual.
11) In addition, the Court has recognized a number of exceptions to the warrant requirement,(12) namely, exigent circumstances
,(13) hot pursuit,(14) searches incident to an arrest,(15) seizures of items in plain view,(16) searches of vehicles,(17) inventory searches,(18) consent searches,(19) border searches,(20) searches on the high seas,(21) and searches of heavily regulated businesses to assure compliance with government regulations that are designed to protect the public's health and safety.
142) Of course, this exigent circumstance
exception would not apply to evidence which police had pre-existing probable cause to seize but neglected to mention in the warrant.
King the Court broadened the scope of exigent circumstances
when they let a drug conviction stand which was based completely upon evidence discovered in such a dynamic entry into an apartment.
The Supreme Court of Kentucky reversed, stating that the police could not rely on the exigent circumstances
exception if it was reasonably foreseeable that the investigative technique used would result in the exigent circumstances
In such cases, the right of police officers to enter would be based not on consent but on the exigent circumstances
Quoting the judges ruling on the ordinance which states "the evidence seems to show that the city through its police have used what I refer to as strong arm tactics to knock down doors of the collectives without a warrant and without exigent circumstances
In their motion, Entwistle's lawyers argued the two initial searches "cannot be justified by any exigent circumstances
Obviously, there are situations where responding to a child locked in a car is under such exigent circumstances
that the government employee responding must use a degree of judgment and discretion beyond ordinary driving situations in routine traffic to accomplish that governmental mission," Judge Steven Agee wrote for the court.
In several instances, GAO found that contracting officers issued task orders for work that was not within the scope of the underlying contracts and which should have been awarded using competitive procedures or, because of the exigent circumstances
involved, supported by a justification for other than full and open competition in accordance with legal requirements.
119) The court also found that "the statute did not place any exigent circumstances
requirement on the warrantless seizure.
Additionally, defendants have agreed that the Board may not enact another poison pill without first obtaining shareholder approval or, in the case of exigent circumstances
, without obtaining shareholder ratification of any such pill.