When can searches be conducted without a warrant?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

Searches can be conducted without a warrant primarily under two circumstances: with the consent of the individual being searched or in exigent circumstances that require immediate action. Consent occurs when a person voluntarily agrees to allow a search without coercion, meaning law enforcement does not need to obtain a warrant. In exigent circumstances, police can act without a warrant when they have a compelling reason to believe that evidence might be destroyed, a suspect might escape, or there is an imminent threat to public safety. Such situations necessitate quick action, and the law recognizes the need for police flexibility to respond effectively.

The other answer choices don't accurately reflect the legal standards regarding warrantless searches. A specific court order is not a condition for conducting searches without a warrant as it implies the necessity of judicial pre-approval. Limiting warrantless searches only to serious crimes overlooks the legal framework that allows searches based on the context of the situation rather than the severity of the crime. Lastly, simply obtaining personal history from the accused does not justify a search without a warrant and does not imply consent or urgency that would negate the need for one.

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