Also known as:exigifacias · writ of exigent · exigent
Written by attorneys · grounded in primary & secondary sources — see below
A Latin phrase meaning that you cause to be demanded. It formed the emphatic words of the writ of exigent used to summon a defendant who could not be found after repeated proclamations.
Sources & Authorities· 13 primary sources
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Cases
Statutes
How it applies
Common Examples
6
Home Entry Without Warrant
Officers suspected Elliot Edmonds of a serious crime and believed he was inside his residence. They entered without an arrest warrant or exigent circumstances to effect the arrest. The entry violated the requirement that officers obtain a warrant for a nonemergency home arrest and have reason to believe the suspect is present.
Minor Offense Entry Attempt
Police entered Eugene Ellsworth's home without a warrant after a minor traffic violation. The government could not show exigent circumstances sufficient to overcome the presumption against warrantless home entries, especially for minor offenses.
Third-Party Home Search
Officers held an arrest warrant for Emmett Egan but entered the home of a third party without a search warrant or exigent circumstances. Evidence found inside was inadmissible against the homeowner even though the arrest itself remained valid.
Officers were lawfully inside Eduardo Enriquez's home on an unrelated matter and observed evidence in plain view. They could not seize it without a warrant because no exigent circumstances justified the additional intrusion.
Civil Suit Timing Issue
Elijah Edwards filed a civil action against a sitting president. The Court held that the suit could proceed because the demands of the presidency did not create exigent circumstances requiring deferral of the litigation.
Identification Procedure
Police conducted a showup identification of Erika Echevarria at a hospital. Exigent circumstances justified the suggestive procedure because the victim could not travel and faced possible death, making immediate identification necessary.
Common questions
Frequently Asked
1
What does the Latin phrase exigi facias literally mean?+
The phrase means that you cause to be demanded. It supplied the operative words of the historical writ of exigent used to compel a defendant's appearance.
Supporting sources
392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889 (1968)Criminal Procedure
…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…