Under what circumstances can an officer enter a dwelling without a warrant?

Prepare for the SAPD Code of Criminal Procedure Exam. Use flashcards and multiple choice questions with detailed hints and explanations. Ace your test!

An officer can enter a dwelling without a warrant in situations where there is imminent danger or a risk of destruction of evidence. This concept is rooted in the legal principle of exigent circumstances, which allows law enforcement to act swiftly in situations where gaining a warrant is not practicable and where waiting could jeopardize public safety or the integrity of evidence.

For example, if an officer hears screams from inside a house or sees smoke or flames, these scenarios could warrant immediate entry to protect individuals or prevent further damage. In the context of evidence, if an officer believes that potential evidence related to a crime is about to be destroyed—such as a suspect attempting to flush drugs down the toilet—this would also justify a warrantless entry.

Consent from the owner, while valid for permitting entry, does not encompass the broader, urgent exceptions that exigent circumstances address. Similarly, while a crime in progress may justify entry, it generally aligns with the concept of imminent danger or destruction of evidence, rather than being a standalone reason. Routine safety inspections, however, do not typically qualify as emergencies and would require a warrant or consent to enter legally.

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