POLICE PRACTICES AND THE THREATENED DESTRUCTION OF TANGIBLE EVIDENCE

• NCJ Number: 8229
• Journal: Harvard Law Review Volume: 84 Issue: 6 Dated: (APRIL 1971) Pages: 1465-1498
• Author(s): ANON
• Date Published: 1971
• Length: 34 pages
• Corporate Author: Harvard Law Review Assoc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

PROPOSED STANDARDS FOR WARRANTLESS SEARCHES, THE IMPOUNDING OF DWELLINGS, AND UNINVITED ENTRIES BY THE POLICE WHEN THE DESTRUCTION OF EVIDENCE IS THREATENED.

Abstract

IN CERTAIN SITUATIONS, A SUSPECT OR HIS ALLIES MAY DISPOSE OF TANGIBLE EVIDENCE BEFORE ALLOWING POLICE TO ENTER THE DWELLING OR DURING THE TIME NEEDED TO PROCURE A WARRANT. AFTER A CAREFUL ANALYSIS OF JUDICIAL PRECEDENTS ON SEARCH AND SEIZURE, STANDARDS ARE PROPOSED FOR DEALING WITH THESE SITUATIONS. SEVERAL LEGAL TESTS ARE SUGGESTED FOR JUDGING THE FAIRNESS OF SUCH SEARCHES, AND WEIGHING THE INDIVIDUAL'S RIGHT TO PRIVACY AND SECURITY IN THE HOME AGAINST THE STATE INTEREST.