Page 106 - Original 2020 Legal Guide By Jack Ryan

Task: Exigent Home Entry-Destruction of Evidence

Kentucky v. King, 131 S. Ct. 1849 (2011).

When does law enforcement created exigency violate the 4 th

Amendment:

Where law enforcement does not create the exigency by engaging or

threatening to engage in conduct that violates the Fourth Amendment,

warrantless entry to prevent the destruction of evidence is reasonable

and thus allowed. For these reasons, we conclude that the exigent

circumstances rule applies when the police do not gain entry to

premises by means of an actual or threatened violation of the Fourth

Amendment. This holding provides ample protection for the privacy

rights that the Amendment protects.

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