What is the test for a search warrant under the exigent circumstances exception?

California, United States of America


The following excerpt is from People v. Lopez, 255 Cal.Rptr.3d 526, 453 P.3d 150, 8 Cal.5th 353 (Cal. 2019):

Riley v. California , supra , 573 U.S. at p. 402, 134 S.Ct. 2473 ["Such exigencies could include the need to prevent the imminent destruction of evidence in individual cases, to pursue a fleeing suspect, and to assist persons who are seriously injured or are threatened with imminent injury ... [] ... The critical point is that ... the exigent circumstances exception requires a court to examine whether an emergency justified a warrantless search in each particular case"].)

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