Which factor is NOT part of the evanescent evidence exception?

The concept of evanescent evidence refers to evidence that is fleeting in nature and may be lost or destroyed if not seized promptly. The factors that are part of the evanescent evidence exception focus on the immediacy and necessity of action by law enforcement.

The degree of urgency relates to the immediate need for officers to act in order to preserve evidence that may disappear or be altered. This is crucial in cases where a delay could lead to the loss of vital evidence.

The time to obtain a warrant is also an essential consideration; if waiting for a warrant would result in the destruction or alteration of evidence, law enforcement may need to act without one to secure that evidence effectively.

The destructibility of evidence directly ties into the core of the evanescent evidence exception, as it highlights the need for law enforcement to seize evidence that can be quickly altered or destroyed, such as bodily fluids or potential digital evidence.

In contrast, potential for officer promotion is not a legitimate factor in the assessment of whether to invoke the evanescent evidence exception. It does not pertain to the integrity of the evidence or the necessity of immediate action and is more related to individual motives rather than legal requirements. Thus, this factor does not play a role in the criteria