Section 529.3(2) C.C allows for entry of a dwelling house under exigent circumstances. What conditions are required for entry to be considered exigent?

A. Imminent danger, probable cause, court approval
B. Imminent danger, immediate action necessary, no time for a warrant
C. Probable cause, search warrant, officer's discretion
D. Court approval, prior notice, reasonable suspicion

Question

16-02-2024
Law

College

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Section 529.3(2) C.C allows for entry of a dwelling house under exigent circumstances. What conditions are required for entry to be considered exigent?

A. Imminent danger, probable cause, court approval
B. Imminent danger, immediate action necessary, no time for a warrant
C. Probable cause, search warrant, officer's discretion
D. Court approval, prior notice, reasonable suspicion

Answer :

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Final answer:

Exigent circumstances allowing for warrantless entry under Section 529.3(2) C.C are characterized by imminent danger, the necessity for immediate action, and no time for obtaining a warrant.

Explanation:

Section 529.3(2) of the Criminal Code allows for entry of a dwelling house under exigent circumstances. The conditions required for entry to be considered exigent are imminent danger, the necessity for immediate action, and the impracticality of obtaining a warrant due to time constraints. Therefore, the correct answer is 'b) Imminent danger, immediate action necessary, no time for a warrant'.

In legal terms, such circumstances are acknowledged when there's a pressing need to act and waiting to obtain a warrant could lead to harm to persons, destruction of evidence, or escape of a suspect. It is important to note that 'probable cause' remains a requirement for searches and seizures under normal circumstances, but when facing exigent circumstances, the urgency and necessity of the situation can justify warrantless entry.