What is the test for determining whether a search warrant can be obtained without a warrant?

MultiRegion, United States of America

The following excerpt is from United States v. Smith, No. 17-2446 (2nd Cir. 2019):

"Of course, even a seizure based on probable cause is unconstitutional if police act with unreasonable delay in securing a warrant." United States v. Martin, 157 F.3d 46, 54 (2d Cir. 1998). In determining whether such a delay is unreasonable, "[w]e must balance the nature and quality of the intrusion on the individual's Fourth Amendment interests against the importance of the governmental interests alleged to justify the intrusion." United States v. Place, 462 U.S. 696, 703 (1983). The reasonableness of a delay in seeking a warrant to search legally seized property is "determined in light of all the facts and circumstances, and on a case-by-case basis." United States v. Mitchell, 565 F.3d 1347, 1351 (11th Cir. 2009). General relevant considerations include the length of the delay, the importance of the seized property to the defendant, whether the

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