In
criminal procedure
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or ...
law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
of the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
, an exigent circumstance allows law enforcement (under certain circumstances) to enter a structure without a
search warrant
A search warrant is a court order that a magistrate or judge issues to authorize law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate any evidence they find. In most countries, ...
, or if they have a "
knock and announce" warrant, allows them to enter without knocking and waiting for the owner's permission to enter. It must be a situation where people are in imminent danger,
evidence
Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field.
In epistemology, evidenc ...
faces imminent destruction, or a
suspect
In law enforcement jargon, a suspect is a known person accused or suspected of committing a crime. Police and reporters in the United States often use the word suspect as a jargon when referring to the perpetrator of the offense (perp in dated U ...
's escape is imminent. Once entry is obtained, the
plain view doctrine
In the United States, the plain view doctrine is an exception to the Fourth Amendment's warrant requirement that allows an officer to seize evidence and contraband that are found in plain view during a lawful observation. The doctrine is also r ...
applies, allowing the seizure of any evidence or contraband discovered in the course of actions consequent upon the exigent circumstances.
Criminal procedure
In the criminal procedure context, exigent circumstance means the following:
Exigent circumstances may make a warrantless search constitutional if
probable cause
In United States criminal law, probable cause is the standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal or the issuing of a search warrant. There is no universally accepted definition or f ...
exists. The existence of exigent circumstances is a mixed question of law and fact. There is no absolute test for determining if exigent circumstances exist, but general factors have been identified, which include clear evidence of probable cause; the seriousness of the offense and likelihood of destruction of
evidence
Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field.
In epistemology, evidenc ...
; limitations on the search to minimize the intrusion only to preventing destruction of evidence; and clear indications of exigency.
Exigency may be determined by degree of urgency involved, amount of time needed to get a search warrant, whether evidence is about to be removed or destroyed, danger at the site, knowledge of the suspect that police are on the trail, and/or ready destructibility of the evidence. In determining the time necessary to obtain a warrant, a telephonic warrant should be considered. As electronic data may be altered or eradicated in seconds, in a factually compelling case, the doctrine of exigent circumstances will support a warrantless seizure.
Even in exigent circumstances, while a warrantless seizure may be permitted, a subsequent warrant to search may still be necessary.
Miranda rights
In ''New Jersey v. Boretsky'', the
Supreme Court of New Jersey
The Supreme Court of New Jersey is the supreme court, highest court in the U.S. state of New Jersey. In its current form, the Supreme Court of New Jersey is the final judicial authority on all cases in the state court system, including cases ...
held that the emergency aid doctrine overrode the need to Mirandize a suspect, even in the face of ambiguous or equivocal assertions of the right to legal representation.
Emergency aid doctrine
Emergency aid doctrine is an exception to the
Fourth Amendment, allowing warrantless entry to premises if exigent circumstances make it necessary. A number of exceptions are classified under the general heading of criminal enforcement: where evidence of a suspected crime is in danger of being lost; where the police officers are in
hot pursuit
Hot pursuit is a legal term.
Hot Pursuit may also refer to:
Film and television
* ''Hot Pursuit'' (1984 TV series), a 1984 NBC television series
* ''Hot Pursuit'' (2006 TV series), a 2006 Court TV television series
* ''Hot Pursuit'' (1987 film) ...
; where there is a probability that a suspect will flee before a warrant can be obtained; where a person is in need of assistance; where entry is required to prevent harm to a person. In deciding whether such entry was legal, courts will consider whether a
reasonable and prudent person would have considered there was need to make an immediate entry.
In the 1925 Supreme Court case ''Carroll et al. v. United States,'' George Carroll and John Kiro were indicted and convicted for carrying “spirituous liquor” in contravention of the National Prohibition Act. Police officers had followed the defendants after their car passed their patrol car and after they caught up with them, they stopped them. After requiring them to pull over, the police officers then conducted a search of the vehicle. In finding that the search was legal, the court compared stopping and searching motor vehicles to the way that the Coast Guard are able to stop and search vessels at sea. The 1970 case of ''Chambers v. Maroney'' upheld the categorical application of the automobile exception as it applied to a car that had been searched when impounded.. The court upheld the constitutionality of the search on the grounds that at the time the car was stopped, there was probable cause to conduct a search.
In 1973, the case of ''Cady v. Dombrowski'' provided further support for the categorical application of the automotive exemption. Dombrowski was stopped and arrested while driving drunk. He was a police officer. Wondering about the location of Dombrowski’s service firearm, which he was meant to carry with him at all times, another police officer conducted a search of the car. In doing so, he uncovered bloodstained items, which eventually led to Dombrowski’s arrest and later conviction for murder. This evidence was admissible.
See also
* ''
Missouri v. McNeely
''Missouri v. McNeely'', 569 U.S. 141 (2013), was a case decided by United States Supreme Court, on appeal from the Supreme Court of Missouri, regarding exceptions to the Fourth Amendment to the United States Constitution under exigent circumsta ...
'' (2013) The United States Supreme Court ruled that police must generally obtain a warrant before subjecting a drunken-driving suspect to a blood test, and that the natural metabolism of blood alcohol does not establish a ''per se'' exigency that would justify a blood draw without consent.
* ''
Mitchell v. Wisconsin'' (2019) U.S. Supreme Court case in which the Court ruled that in the event a driver is unconscious and therefore can't be given a breath test as an alternative to testing blood, exigent circumstances allow for the drawing of blood without a warrant.
*
Plain view doctrine
In the United States, the plain view doctrine is an exception to the Fourth Amendment's warrant requirement that allows an officer to seize evidence and contraband that are found in plain view during a lawful observation. The doctrine is also r ...
*
Search and seizure
Search and seizure is a procedure used in many civil law and common law legal systems by which police or other authorities and their agents, who, suspecting that a crime has been committed, commence a search of a person's property and confiscat ...
* ''
Brigham City v. Stuart
''Brigham City v. Stuart'', 547 U.S. 398 (2006), is a United States Supreme Court case involving the exigent circumstances exception to the Fourth Amendment's warrant requirement. The Court ruled that police may enter a home without a warrant i ...
''
*
Powers of the police in England and Wales
The powers of the police in England and Wales are defined largely by statute law, with the main sources of power being the Police and Criminal Evidence Act 1984 and the Police Act 1996. This article covers the powers of police officers of Territo ...
which describes similar police powers in the UK to enter property without a warrant
Notes
{{Criminal procedure
*
Legal concepts