What must be present for an exigent search to be conducted legally?

For an exigent search to be conducted legally, there must be an immediate danger or risk of evidence destruction. This principle is based on the understanding that law enforcement officers may encounter situations where waiting to obtain a warrant could result in evidence being lost, destroyed, or compromised. In such cases, the urgency of the situation justifies bypassing the usual warrant requirement.

When an officer has probable cause but lacks the imminent risk of evidence destruction, they must typically secure a warrant. Consent can also allow a search to proceed, but it is not a requirement for an exigent search. Therefore, the key factor in legally conducting an exigent search is the presence of a clear and immediate threat to the integrity of the evidence.