Also known as: emergency aids · emergency assistance · exigent circumstances
Written by attorneys · grounded in primary & secondary sources — see below
An exception to the Fourth Amendment warrant requirement that authorizes police to enter a home without a warrant when they have an objectively reasonable basis to believe an occupant is injured or faces imminent serious harm. The inquiry focuses on the circumstances as they would appear to a reasonable officer and does not depend on the officers' subjective motives.
Edward Everett called police after hearing a loud argument next door. Officers arrived and saw through a window that Elise Everly was bleeding from the head while another person held her back. They entered without a warrant. The visible injury supplied an objectively reasonable basis to believe immediate aid was needed, so the entry was lawful.
Elijah Edwards reported a disturbance at his neighbor's apartment. Officers found blood on the porch and furniture overturned inside. Despite the occupant's objection, they entered. The objective signs of recent violence and possible injury permitted the warrantless entry under the emergency aid exception.
Select any source to read its text and confirm it supports the definition.
A neighbor reported smelling smoke and hearing moans from inside a duplex. Officers arrived, saw haze through the window, and heard a weak voice calling for help. They entered without a warrant. The combination of sensory clues supplied an objectively reasonable basis for believing an occupant needed immediate aid.
Officers responded to a report of a child crying inside a locked apartment. Through the door they heard repeated screams and a thud. They forced entry. The audible signs of possible injury to a minor supplied an objectively reasonable basis to believe emergency aid was required.
After a single-vehicle crash, officers followed a blood trail from the car to a nearby house. They saw a man slumped and bleeding on the floor. They entered without a warrant. The visible serious injury supplied an objectively reasonable basis for the emergency-aid entry.
A neighbor called 911 reporting ongoing fighting and breaking glass next door. Officers arrived and heard continued yelling and a cry for help. They entered without a warrant. The sounds indicating imminent harm supplied an objectively reasonable basis under the emergency aid exception.
No. The exception turns on an objective assessment of the circumstances. If a reasonable officer would believe someone inside needs immediate assistance, the entry is permitted even if the officers' actual motive was to gather evidence.
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Yes. When objective facts such as visible blood or disorder indicate someone inside needs immediate aid, officers may enter despite the occupant's refusal.
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Yes. Minor offenses weigh against a finding of exigency. Officers must still show circumstances that would lead a reasonable officer to believe someone inside faces imminent injury.
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…States , 365 U. S. 610 (1961), or that in most instances failure to comply with the warrant requirement can only be excused by exigent circumstances, see, e. g. , Warden v. Hayden , 387 U. S. 294 (1967) (hot pursuit); cf. Preston v. United States , 376 U. S. 364, 367-368 (1964). But we deal here with an entire rubric of police…