Also known as: exigency exceptions · exigent circumstances exception · exigent circumstance exception · exigent circumstances · emergency exception
Written by attorneys · grounded in primary & secondary sources — see below
An exception to the Fourth Amendment warrant requirement that permits law enforcement officers to enter a home or conduct a search without a warrant when immediate action is necessary to prevent the destruction of evidence, the escape of a suspect, or harm to officers or the public.
Eduardo Enriquez fled into his apartment after officers observed him selling drugs on the street. Officers followed and entered without a warrant because they heard sounds suggesting Enriquez was destroying evidence inside. The entry was justified under the exigency exception, allowing officers to arrest Enriquez and seize the remaining drugs without first obtaining a warrant.
Elijah Edwards was suspected of a minor noise violation at his residence. Officers entered without a warrant claiming they needed to confirm his identity, but the court rejected the claim because the minor nature of the offense weighed against finding sufficient exigency. The government failed to meet its burden to justify the warrantless entry.
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Martin Mitchell was found unconscious after a crash with clear signs of intoxication. Officers ordered a warrantless blood draw because evidence of blood-alcohol concentration was dissipating and Mitchell could not perform a breath test. The draw was upheld under the exigency exception.
Samuel Schmerber was arrested for drunk driving after a collision. Officers directed a physician to draw blood without a warrant because alcohol dissipates rapidly from the bloodstream. The Supreme Court upheld the search under the exigency exception as medically reasonable.
Victor Vargas fled from officers who saw him commit a felony and ran into his own residence. Officers followed immediately without a warrant because delay would have allowed Vargas to destroy evidence or escape. The entry was valid under the exigency exception.
Walter Welsh was suspected only of a nonjailable traffic offense at his home. Officers entered without a warrant to investigate and arrest. The Court held that the minor nature of the offense defeated any claim of exigency and suppressed the evidence.
The government bears the burden of demonstrating sufficient exigent circumstances, such as imminent destruction of evidence or danger to officers. Minor offenses weigh against finding exigency, and all warrantless entries into a home remain presumptively unreasonable.
Supporting sources
No. Absent exigent circumstances, officers must obtain a separate search warrant for the third party's home. Evidence found during such a warrantless search is inadmissible against the homeowner.
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No. The community caretaking doctrine does not justify warrantless entry into a home. Officers must rely on a recognized exception such as exigent circumstances or emergency aid.
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…of Appeals construed the phrase "serious risk" to include those circumstances. Id. , at 701. It stated: "[W]e read the medical emergency exception as intended by the Pennsylvania legislature to assure that compliance with its abortion regulations would not in any way pose a significant threat to the life or health of a woman." Ibid.…