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The Indiana Law Library Blog

Police Created Exigencies

Participants in last semester’s Moot Court dealt with a case on police created exigencies.  Warrantless searches are permitted when there are exigent circumstances—i.e. if the evidence would vanish in the time it takes to get a warrant—but not when law enforcement officers create those circumstances themselves.  It turns out that the Supreme Court is just about to hear oral arguments on a case involving this same issue—Kentucky v. King.  Both the Volokh Conspiracy and SCOTUSblog offer the thoughts of Prof. Orin Kerr of George Washington University on the subject.  Kerr offered his professional opinion to the defendant, so the article is not meant to be unbiased, but he does offer some really interesting thoughts on police created exigencies in general.  SCOTUSblog also includes other case documents.  Go take a look—particularly if you spent time with this issue during Moot Court.


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