Jan 052011
 
 January 5, 2011  Court, Surveillance

Orin Kerr writes:

Next week, the Supreme Court will be hearing oral argument in Kentucky v. King, a potentially significant case on the exigent circumstances exception to the Fourth Amendment.

The exigent circumstances exception is a longstanding exception to the warrant requirement, but the Supreme Court has carefully avoided saying what the actual test is for exigent circumstances. The King case is on a specific aspect of the exception — when police conduct creates exigent circumstances, which the police cannot then use as a justification for an exigent search — and it may shed considerable light on the topic of exigent circumstances as a whole.

Read more on SCOTUSblog.

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