Essay Topic:

The premises and consequences of exigent circumstance for the conduct of a police officer and a driver.

Essay Questions:

What is the range of the situation in which there are exigent circumstances? What can be the probable cause of any exigent circumstances? What is considered an appropriate conduct of a police officer in case of exigent circumstances?

Thesis Statement:

Exigent circumstances are certain circumstances when people are in danger that allows a police officer to search a vehicle without a warrant.

Exigent Circumstances and Probable Cause essay

 

Introduction: The range of the situations in which there are exigent circumstances and probable cause to search a vehicle that is not readily mobile is not as extensive as the “readily moved vehicle” cases. Both of them have a lot to do with probable cause and exigent circumstances. It is common knowledge that probable cause dealing with vehicles, refers to the statement according to which an officer can conduct vehicle search. This is skillfully stated in the Fourth Amendment of the United States Constitution. Exigent circumstances are certain circumstances when people are in danger that allows a police officer to search a vehicle without a warrant.

A police officer does not necessarily need exigent circumstances to search a vehicle, which he has stopped in a routine traffic stop in case if he just supposes that a crime is about to be committed or has already been committed. The situation with vehicles that are not readily mobile is different. Here, three examples when the search of the vehicle that is not readily mobile is “authorized” be exigent circumstances and probable cause and therefore is completely legal:

1.A police officer gets a report about a strange behavior of a given person. A bomb has been recently found in the same area and the person fits the description. The person acts very strange and very suspiciously and sees to be on some drug. While watching this person the police officer notices how he puts a bag which he continuously tries to hide into his car, drives it to the center of the city and goes away leaving the car unlocked. The officer comes up to the car and smells marijuana. He searches the car without warranty and finds marijuana in the bag and a gun inside the vehicle.

Probable cause: the suspect fits the description of a criminal, act like being on some drug, smell of marijuana.

Exigent circumstance: the person may be the one who crated the bomb last time, the bag may be a bomb, as the suspect leaves the car unlocked which may cause death of people around.

2. When the vehicle does not move but the suspect is in the driver’s seat. When the officer comes up he smell some kind of drug and seas drugs on the passenger seat. He searches the car and finds crack.

Probable cause: smell of drugs

Exigent circumstances: the evidence of drug abuse on the passengers seat.

2. An officer sees a very nervous person speeding and looking around “crazily”. He seems to see a gun in the right hand of the driver. Then on the driver’s will the car stops, the driver comes out and just stands near the car-door crying. The officer makes a vehicle search and finds cocaine and an unregistered gun under the drivers seat.

Probable cause: the vehicle speeds, the driver is holding a gun while driving.

Exigent circumstances: the person in under the influence of drugs and holding a gun while driving may cause damage to other people or even kill.

Conclusion: There is a rather popular case concerning the “not readily moving vehicle search” issue – State of Oregon against Burr, 136 Or App 140, 901 P2d 873: The officer notices a pickup parked on the shoulder of the road. The lights of the vehicle are off. Four people outside the vehicle were trying to put a deflated rubber raft into the car. The officer stopped and offered his assistance. He asked four of the to identify themselves and found out that “there was an outstanding arrest warrant for one of the defendants”. The officer arrests that person. Another officer comes and feels a strong scent of marijuana coming out of the pickup. He searches the vehicle and finds two ice chests full with marijuana under the raft. The pickup was “constructively” occupied as the Court stated, therefore it the driver could leave at any minute, as the vehicle was fault-free. It was “mobile, when first encountered” and not considered a “vehicle that is not readily mobile” applying for the automobile exception.