Also known as: exigent circumstances doctrine · exigent circumstance · exigent circumstances · exigent circumstances exception
Written by attorneys · grounded in primary & secondary sources — see below
An exception to the Fourth Amendment warrant requirement that permits law enforcement to enter a home or conduct a search without a warrant when an emergency situation makes obtaining a warrant impracticable. The government must show that the circumstances created an urgent need to act immediately to prevent harm, escape, or evidence destruction. Minor offenses weigh against a finding of exigency.
Select any source to read its text and confirm it supports the definition.
Officers saw Emmett Egan stab a victim and flee into Erika Echevarria's apartment. They followed without pause and entered the apartment to apprehend him. The entry was lawful because the continuous chase supplied the urgent need that excused the lack of a warrant.
Police received a tip that Ewan Eckhart possessed a small amount of marijuana in his home. They entered without a warrant claiming concern over evidence loss. The entry was unreasonable because the minor nature of the suspected offense undercut any claim of sufficient urgency.
Officers learned that Evan Ellis was flushing narcotics down the toilet after a controlled buy. They entered the residence immediately without a warrant and seized remaining evidence. The entry was upheld because the imminent destruction of evidence created the necessary exigency.
After a shooting, officers pursued Ethan Ellis on foot into his nearby home. They entered without a warrant to prevent escape and secure weapons. The entry was lawful because the continuous chase and risk of harm supplied exigency.
Neighbors reported screams and a possible assault inside Emma Ellison's apartment. Officers entered without a warrant and found an injured victim. The entry was reasonable because the ongoing emergency justified bypassing the warrant requirement.
Officers received reliable information that Eric Everett was about to flee the country with stolen funds. They entered his home without a warrant to arrest him. The entry was upheld because the urgent risk of escape established exigency.
The government must demonstrate that an emergency existed that made obtaining a warrant impracticable, such as hot pursuit of a fleeing felon or imminent destruction of evidence. It also bears the burden of showing that the offense was serious enough to support a finding of exigency.
Supporting sources
No. An arrest warrant for a suspect does not authorize entry into a third party's home absent exigent circumstances or a separate search warrant for that home. Evidence seized during an unauthorized entry is inadmissible against the homeowner.
…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…
…the suspect's escape or the destruction of critical evidence. Some have thought the exception to the notice requirement where exigent circumstances
…police have conducted a warrantless search solely on the basis of their own judgment about the existence of probable cause and exigent circumstances. When that question is finally posed, I for one will not be surprised if my colleagues decide once again that we simply cannot afford to protect Fourth Amendment rights. IV When the…
…did not violate the Due Process Clause. The court also held that the warrantless search of the apartment was justified by exigent circumstances
…ground that the warrantless entry violated his Fourth Amendment rights. The government contends that the entry was justified by exigent circumstances
Supporting sources
The community-caretaking doctrine does not justify warrantless entry into a home. Officers may perform community-caretaking functions in public settings, but home entries still require a recognized exception such as exigent circumstances or emergency aid.
Supporting sources
Yes. When a driver is unconscious and unable to take a breath test, officers may order a warrantless blood draw because the evidence is dissipating and the driver cannot submit to a less intrusive test. The procedure must still be performed in a medically acceptable manner.
Supporting sources