Does the exigent circumstances exception apply to a search and seizure warrant?

MultiRegion, United States of America

The following excerpt is from Rodriguez v. City of San Jose, 930 F.3d 1123 (9th Cir. 2019):

14 By contrast, the exigent circumstances exception arises within the polices investigative function. Hopkins , 573 F.3d at 763. Under that exception to the warrant requirement, police may "enter a home without a warrant if they have both probable cause to believe that a crime has been or is being committed and a reasonable belief that their entry is necessary to prevent ... the destruction of relevant evidence, the escape of the suspect, or some other consequence improperly frustrating legitimate law enforcement efforts. " Id. (quoting United States v. McConney , 728 F.2d 1195, 1199 (9th Cir. 1984) (en banc)). Defendants do not attempt to rely on the exigent circumstances exception here, so we need not decide whether it could have applied.

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