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Which circumstance would NOT justifiably create exigent circumstances?

  1. A suspect fleeing the scene of a crime

  2. Evidence likely to be destroyed immediately

  3. Law enforcement waiting to gather additional evidence

  4. Danger to the safety of officers and the public

The correct answer is: Law enforcement waiting to gather additional evidence

The scenario of law enforcement waiting to gather additional evidence does not meet the criteria for exigent circumstances. Exigent circumstances refer to situations where law enforcement is faced with an immediate need to act, typically to prevent harm to individuals, the destruction of evidence, or the escape of a suspect. In situations where officers are waiting to gather additional evidence, there is no immediate threat to life, safety, or the preservation of evidence. This indicates a degree of deliberation that is contrary to the urgency required to justify acting without a warrant. Such circumscribed actions can be planned and executed within the bounds of the law, allowing for due process without the need for hastiness. Conversely, the other scenarios—such as a suspect fleeing the scene, the imminent destruction of evidence, or a danger to the safety of officers and the public—clearly illustrate situations where immediate action is justified to mitigate risks or preserve the integrity of an investigation. Each of these circumstances presents a pressing need for law enforcement intervention, which is the essence of the exigent circumstances doctrine.