NCJ Number
121029
Date Published
1989
Length
52 pages
Annotation
This article discusses the need to prevent the destruction of evidence and the fourth amendment's requirement that searches be conducted subsequent to the issuance of a warrant, pointing out the confusion created by the several approaches taken by Federal courts on this issue and proposing a uniform rule for permitting police to conduct a warrantless entry to prevent destruction of evidence.
Abstract
The fourth amendment requires that searches and seizures be conducted pursuant to warrants issued by neutral and detached magistrates upon a showing of probable cause. An exception to the requirement is permitted for exigent circumstances requiring immediate police action, and a warrantless search to prevent destruction of evidence falls under the exigent circumstances exception. However, the courts do not evaluate claims of exigency in a uniform manner, and the confusions created by the several methods of evaluation are discussed in detail. A uniform rule is proposed that would authorize warrantless searches in the following specific limited circumstances: (1) police have probable cause to believe the private premises to be searched contains evidence of criminal activity; (2) the police can provide and articulate specific facts to support their reasonable suspicion that the evidence would be destroyed before they could obtain a warrant; (3) the circumstances giving rise to the threatened destruction of evidence are not avoidable or created by the police officers; and (4) the invasion of the suspect's fourth amendment rights is no greater than the circumstances require to prevent the destruction of evidence until a warrant can be obtained. 227 footnotes.