Also known as: emergency circumstance · exigent circumstances
Written by attorneys · grounded in primary & secondary sources — see below
Urgent conditions that justify immediate official action without a warrant or compliance with ordinary procedural requirements. Such conditions arise when delay would risk harm to persons, destruction of evidence, or other irreparable loss.
Officers receive a tip that Eric Espinoza is packaging narcotics inside his residence and will flush the evidence if they wait. They enter without an arrest warrant and seize the drugs. Because the facts show ongoing destruction of evidence, the entry is upheld under emergency circumstances.
Police respond to a noise complaint at Edward Everett's apartment and hear arguing inside. They force entry without a warrant to investigate a possible misdemeanor. The minor nature of the suspected offense prevents a finding of emergency circumstances, so the entry is invalid.
Select any source to read its text and confirm it supports the definition.
Officers possess an arrest warrant for Eva Espinosa but enter her neighbor's house without a search warrant to find her. Absent emergency circumstances, the entry violates the neighbor's rights and any evidence obtained is suppressed against the neighbor.
After responding to a reported death at Emily Ellis's apartment, detectives conduct a multi-day search without a warrant. Once the victim is removed and the scene secured, emergency circumstances no longer exist and further searching is unconstitutional.
After a shooting at Elliot Edmonds's home, officers remain on site for hours collecting items without a warrant. Once the immediate danger ends, continued searching exceeds emergency circumstances and requires a warrant.
After a driver suspected of drunk driving is found unconscious at the scene, officers order a warrantless blood draw. Because alcohol dissipates rapidly and the driver cannot perform a breath test, the draw is upheld under emergency circumstances.
Emergency circumstances permit warrantless home entry when officers reasonably believe immediate action is required to prevent harm or evidence destruction. The government must show that the circumstances were sufficiently urgent and that less intrusive alternatives were unavailable.
No. The seriousness of the offense is relevant but insufficient by itself. Officers must still demonstrate specific facts showing an immediate threat that justifies bypassing the warrant requirement.
Yes. When a driver suspected of drunk driving is unconscious, the rapid dissipation of alcohol in the blood can constitute emergency circumstances that permit a warrantless blood draw.
…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…