Question

If there is probable cause to believe that critical evidence of a serious and/or dangerous offense is located within private premises and that the evidence is very likely to be destroyed or removed unless immediate warrantless action is taken, the officer _________(may/may not) enter without a warrant or consent to secure the premises while awaiting the arrival of a search warrant?

1) may
2) may not

Answer 1

Officers may enter premises without a warrant under exigent circumstances if there's probable cause that evidence of a serious offense will be destroyed. Probable cause is required and the search is limited until a warrant is obtained. so, option 1 is the correct answer.

Step-by-step explanation:

Based on the principles of the Fourth Amendment and subsequent legal interpretations, officers may enter without a warrant or consent to secure the premises while awaiting the arrival of a search warrant if there is probable cause to believe that critical evidence of a serious and/or dangerous offense is located within private premises and that the evidence is very likely to be destroyed or removed unless immediate warrantless action is taken. This falls under the category of exigent circumstances, where the need to prevent the immediate destruction of evidence overrides the usual requirements for a warrant.

Nonetheless, the threshold for probable cause must be met, and the scope of the search must be limited to the prevention of evidence destruction until a proper search warrant is obtained.