y will probably find evidence or contraband. This apparent and reliable fact that create a reasonable belief that a crime has been or is being committed is called probable cause. (2) A judge agrees there is probable cause and issues a search warrant, or the police are permitted to search without a warrant because of the particular circumstances involved. In People vs. Bennett, 70 Cal. Rptr. 2d 850 (Cal. 1998), the Supreme Court upheld the seizure of a motel room in which the investigating officer told the manager to put a "cuff" lock on the outside of the motel room. The defendant, who was arrested for a recent murder had been occupying the room and still had another 18 hours left until checkout time the next morning. The investigating officer ordered the motel manager to bar access to the room in order to prevent one of the defendant's relative's from entering the premises and possibly destroy evidence of the murder. The intrusion on the defendant's Fourth Amendment interests was minimal here because only the police prohibiting anyone from entering it impaired the defendant's rights of possession in the room. However, there are exceptions to the warrant requirement that justify a search and is exempt from the general principle. The first one is Exigent Circumstances. The situations that are classified under the exigent circumstances exception can be grouped into three categories. "An exigency exists if: 1) there is a good chance evidence-either contraband, instrumentalities used in the crime, or the fruits of the crime-is being or will be destroyed or concealed; 2) it is likely a suspect will flee; 3) there is a real danger to people. In Conway vs. Pasadena Humane Society, 52 Cal. Rptr. 2d 777 (Cal. App. 1 Dist. 1996), the court noted that "absent consent, exigent circumstances must exist for a warrantless entry into a home, despite probable cause to believe that a crime has been committed or that incriminating evidence may be found inside." The court pointed out that no hard and fast "litmus test" would be employed to determine when exigent circumstances exist, and the presence or absence of such circumstances is determined on a case-by-case basis. Two primary considerations in making this determination are if there is imminent danger to the police or public safety. However, the underlying offense was minor which was a violation of a leash law, therefore, no exigent circumstances were present justifying the warrantless entry of a home by Humane Society agents to impound the animal. The second exception to the warrant requirement is Destruction or Removal of Evidence. Where police have a reasonable belief that evidence is being or about to be destroyed, a warrantless entry may be permitted under this exception. Where police have an objectively reasonable fear that evidence is being or about to be destroyed and a reasonable belief that there are people within the home presently capable of destroying or hiding the evidence, and the officer's fear is of an immediate or imminent destruction, the requirements of the exception are met. For example, In People vs. Ortiz, an officer was walking down a hallway in a motel, on his way to investigate reports of drug sales totally unrelated to the defendant, when he happened to look through an open door and see defendant and his female companion counting out packages of heroin and placing them on the table. Officer was at most six feet away from the pair, and as he could see them, they could certainly see him. The court noted that it is common knowledge that those in possession of narcotics will try to destroy them when seen by law enforcement. In addition, court discovered tha

Some common words found in the essay are:
Finally Consent, Removal Evidence, Fourteenth Amendment, Incident Arrest, Defillippo Detroit, Cal App, Hot Pursuit, Amendment Constitution, Supreme Court, United Constitution, probable cause, warrantless entry, law enforcement, search seizure, exigent circumstances, probable cause believe, cause believe, fourth amendment, warrantless search, hot pursuit, search warrant, warrantless entry permitted, cal rptr 2d, brown vs texas, exigent circumstances exist,
Approximate Word count = 2455
Approximate Pages = 10 (250 words per page double spaced)