What is called an exception to the search warrant requirement that allows an officer to conduct a search without
having the warrant in-hand if probable cause is present and destruction of the evidence is deemed imminent?
A.
Evidence Circumstance Doctrine
B.
Exigent Circumstance Doctrine
C.
Evidence of Admissibility Doctrine
D.
Exigent Probable Doctrine
Explanation:
In some circumstances, a law enforcement agent may seize evidence that is not included in the warrant, such
as if the suspect tries to destroy the evidence. In other words, if there is an impending possibility that evidencemight be destroyed, law enforcement may quickly seize the evidence to prevent its destruction. This is referred
to as exigent circumstances.
Incorrect Answers:
A: The exception to the search warrant is called exigent Circumstance, not Evidence Circumstance.
C: Admissible evidence is not related to any search warrant.
The general rule in evidence is that all relevant evidence is admissible and all irrelevant evidence is
inadmissible.
D: A search without a warrant can only be executed under exigent circumstances, not under exigent
probabilities.Harris, Shon, All In One CISSP Exam Guide, 6th Edition, McGraw-Hill, New York, 2013, p. 1057