In the Now or Never exception, what is required regarding the object?

In the Now or Never exception, what is required regarding the object?

• A. The object must be in plain view.
• B. The agent must have probable cause that the object is in danger of being destroyed.
• C. The object must be in a readily mobile conveyance.
• D. The owner must consent.

Answer: (B)

Now or Never is an exigent-circumstances justification for acting without a warrant when there is probable cause to believe that evidence will be destroyed or otherwise lost if there is any delay. The key requirement is that the object is in danger of being destroyed unless immediate action is taken. This need for imminent destruction drives the exception, not whether the object is plain view, in a vehicle, or requires consent. So the best answer captures that essential idea: probable cause that the object is in danger of destruction. For example, if officers believe someone is about to flush drugs or wipe digital data, they can act without a warrant to preserve the evidence.

Now or Never is an exigent-circumstances justification for acting without a warrant when there is probable cause to believe that evidence will be destroyed or otherwise lost if there is any delay. The key requirement is that the object is in danger of being destroyed unless immediate action is taken. This need for imminent destruction drives the exception, not whether the object is plain view, in a vehicle, or requires consent. So the best answer captures that essential idea: probable cause that the object is in danger of destruction. For example, if officers believe someone is about to flush drugs or wipe digital data, they can act without a warrant to preserve the evidence.