What type of evidence is necessary for a police officer to search under the "exigent circumstances" exception?

The exigent circumstances exception to the warrant requirement is rooted in the need for immediate action in situations where obtaining a warrant would be impractical. For a police officer to conduct a search under this exception, they must have probable cause. This means the officer must have a reasonable belief, based on facts, that evidence of a crime is present in the location they intend to search.

The rationale behind this is that in certain situations, such as when there is a risk of evidence being destroyed, a suspect fleeing, or a potential threat to public safety, waiting to secure a warrant could jeopardize the integrity of the investigation. Therefore, it is crucial that officers justify their decision to search without a warrant by establishing probable cause, which provides a level of scrutiny and ensures that the search is legally permissible under emergency circumstances.

The other possibilities, such as having sufficient time to obtain a warrant, direct consent from the suspect, or the presence of a witness, do not apply in the same way. Their relevance diminishes in urgency when we consider that exigent circumstances typically arise precisely because waiting for a warrant is not an option. Thus, the necessity for probable cause is paramount in justifying a search conducted under this exception.