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Exigent circumstances (Mcdonald (Dorman Factors (gravity of the offense w/…
Exigent circumstances
requirements
circumstances are sufficiently compelling to make resort to a warrant both impracticable and risky
police had probable cause to believe
hot pursuit
officers must have probable cause to believe that suspect has committed crime
Mcdonald
officers can't impermissibly create the exigency
can bring person
the objective intent of the officer does not matter
Dorman Factors
gravity of the offense w/ the suspect is charged
whether the suspect is reasonably believed to be armed
clear showing of probable cause to believe the suspected committed a crime
a likelihood that the suspect is on premises
officer needs to be in the confines of exigency
special need search
the requirement has to be of the 4th amendment
have to be an administrative search
have to have standard and procedures/ policies
doesn't need probable cause because not criminal
ex. locker search, drug test
state interest
procedure can not be for sole purpose of criminal activity
Lafayette
can look at shoulder bag
inventory search
doesn't extend to home
get warrant
Bertine
allow officers to bring in the car
Wells
inventory search
protection of the person's property
protection of the police department from false property claims
protection of the police and public from dangerous items