Also known as: exigency of the situation · exigent circumstances
Written by attorneys · grounded in primary & secondary sources — see below
Circumstances that render a warrantless search or seizure objectively reasonable under the Fourth Amendment because the needs of law enforcement are so compelling that delay to obtain a warrant would frustrate the purpose of the search.
Officers saw Ewan Eckhart stab a victim on the street and immediately chased him into his own apartment. They kicked in the door without a warrant and found Ewan hiding under the bed with a bloody knife nearby. The continuous chase supplied the exigencies of the situation that justified the warrantless entry and protective sweep.
Officers responded to a report of marijuana odor at Erika Echevarria's home and prevented her from reentering while one detective sought a warrant. The offense was minor and the officers had time to obtain the warrant, so the government could not carry its burden of showing sufficient exigencies of the situation to justify keeping her outside unaccompanied.
Select any source to read its text and confirm it supports the definition.
After a shooting inside Ella Emerson's apartment, officers remained for four days conducting a full search without a warrant. The initial emergency had ended once the scene was secured, so the exigencies of the situation no longer justified the prolonged warrantless intrusion.
Officers entered Ezra Eastman's home without a warrant or exigent circumstances and arrested him there. Statements obtained from him inside the home were suppressed as the direct product of the unconstitutional entry because the exigencies of the situation never arose.
An officer observed Elijah Edwards behaving suspiciously on the street and patted him down for weapons. The limited intrusion was justified at its inception by the officer's reasonable suspicion, but the exigencies of the situation did not extend to a full search of his pockets without additional facts.
Officers lawfully entered Eva Espinosa's home under a valid warrant and saw a stolen television in plain view. They could seize it only because its incriminating character was immediately apparent. The exigencies of the situation did not permit a broader exploratory search beyond the warrant's scope.
The exigencies of the situation permit warrantless entry when officers are in hot pursuit of a fleeing felon, need to prevent imminent destruction of evidence, or must assist persons facing serious injury. Officers must still have probable cause and the government bears the burden of proving the circumstances were sufficiently urgent.
A minor offense weighs heavily against finding exigency because the government must show compelling needs that outweigh the strong Fourth Amendment protection of the home. Routine or low-level violations rarely justify dispensing with a warrant.
No. Once the initial emergency ends and the scene is secured, the exigencies of the situation no longer justify a warrantless search. Officers must obtain a warrant for any further investigation.
No. Community caretaking functions do not justify warrantless home entries. Officers must rely on a recognized exception such as exigent circumstances or emergency aid.
…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…