16. Exigent Circumstances

Question 1

What are the two types of exigencies police deal with?

Answer 1

Motor vehicle exception
Exigency in the home

Question 2

Motor vehicle exception

Answer 2

Police are usually excused from they warrant requirement when they develop probable cause that evidence is located in a vehicle.

Question 3

Exigency in the home:

Answer 3

Police may enter a home or other private building without a warrant if they are concerned that violence, injury, destruction of evidence, escape, or a significant disturbance will occur if they delay.

Question 4

The motor vehicle exception is an exception to what constitutional requirements?

Answer 4

The fourth amendment to the United States, Constitution

And the article 14 warrant requirements.

Question 5

What is the reasoning (theory) behind the motor vehicle exception?

Answer 5

Mobility: the inherited mobility of a vehicle makes it impossible, and most situations to obtain a warrant without risking the loss of evidence

Reduced privacy: the rule also recognizes that suspect has a lesser expectation of privacy in a vehicle (US Supreme Court decision)

Question 6

What are the two justifications (requirements) for the motor vehicle exception?

Answer 6

Probable cause: the police have proper cost to believe a vehicle contains evidence. At the time they begin their search.

Public area: the vehicles loftily stopped any public way, or parked in an area of potential public or perpetrator access.

Question 7

Can I develop probable cause after the stop?

Answer 7

Yes, officers may develop probable cause through their lawful contact with motorist.

Question 8

Does probable cause for a search exist on the oder
of marijuana in a vehicle?

Answer 8

Yes. May lead to PC be based on marijuana order, smoke or visible use. Any of these signs provide officers with reasonable suspicion vehicle for open container.

The any stop frisk occupants if they post a safety risk

Investigate OU based on auto loan

Investigate for marijuana is occupants under 21

Question 9

Does the presence of a hidden compartment rise to the level of probable caused to search for contraband or a weapon?

Answer 9

Yes, an indicator may be a wear mark made from the repeated opening of a compartment not installed by the manufacturer or dealer.

Question 10

Do police ever have probable cause before the stop?

Answer 10

Yes, they may get information such as a bystander report of a firearm in a vehicle.

The time gap between crime and stop does not necessary eliminate probable cause.

However, no probable cause exists without a connection between the crime under investigation and the suspect vehicle.

Question 11

If you have pre-stop probable cause you must execute your search quickly or seek a search warrant.

Answer 11

Assuming you have pre-stop probable cause then you may also have time to seek a warrant. You must be able to articulate the reason why you had to make the stop quickly without warrant since any delay between probable cause and the warrantless search will be scrutinized by the court.

The term used is unreasonable delay

Question 12

Where will your motor vehicle exception search most likely take place?

Answer 12

On the street but at a police facility is also acceptable. Sometimes traffic or lack of manpower makes towing the vehicle to a police facility a better option.

Remember that if this tactic is done, the search is to be completed within a reasonable period of time.

Question 13

Whether the motor vehicle exception search is performed at scene (on the road) or at the police station, how much time do you have to complete it?

Answer 13

2 hours or get a warrant.

Question 14

A lawful search for evidence in the motor vehicle exception extends to ALL areas and containers.

Answer 14

Open containers

Locked containers - that might hold evidence

The trunk

A passengers, personal belongings

Question 15

For a home exigent circumstance, what are the two major limitations?

Answer 15

The emergency cannot be one that should have been anticipated by police.

Officers must obtain a warrant when the emergency ends.

Question 16

A home emergency is typically over when:

Answer 16

The suspect has been arrested or removed from the scene

There is no longer any risk that evidence will be destroyed or removed

All occupants of the premises have been removed and police can post a guard to prevent entry until a search warrant is obtained.

Question 17

If I’m in hot pursuit of a felony suspect, may I enter a home?

Answer 17

Yes, this is considered an exigency. It is a compelling need to act, so it is a situation that qualifies for exigent circumstances, an exception to the warrant requirement.

Question 18

May I enter a home in hot pursuit of a misdemeanor?

Answer 18

It depends. If there’s an additional emergency such as potential violence, destruction of evidence, or escape from the home that justifies a warrantless entry.

Question 19

For the home exigency circumstance, does the flight of a suspect itself bring on an exigency for the police?

Answer 19

Yes, because the suspect knows you are there, hence the reason why he is fleeing, and the officer DOES NOT know if a suspect entered his own home, or somebody else’s, or if the suspect has gone in one door and then out another.

Question 20

The reasons why you don’t chase a suspect into a home for misdemeanor only

Answer 20

You know the suspect fled into his own home.

You do not believe the suspect will destroy evidence of a crime you have probable caused to arrest for

You have no information suspect poses a risk of violence

Question 21

If I discover, suspicious circumstances, such as an open door or other such things, may I enter without a warrant to determine if any intruders are present on the premises or to secure the premise?

Answer 21

Yes, as long as officers behave reasonably they are not liable to the homeowner.

Question 22

May I enter a private property to serve a restraining order?

Answer 22

You will need consent or existent circumstances to actually enter the home for this purpose.

If denied entry leave the restraining order for the defendant to pick up later.

Question 23

May I enter a home to determine whether someone has been abused?

Answer 23

Yes, the police response to a domestic violence situation must be evaluated in relation to the scene as it appeared to the officers at the time and NOT with the benefit of leisured retrospective analysis.

Question 24

In order for Police to enter a home for exigent entry, a potential victim must be at risk.

Answer 24

Police must have information that the suspect is still in the home. If a suspect has left exigent circumstances are lacking. If you can identify where the suspect went you have time to get arrested warrant.

Question 25

Why did the Lowell Police Department arrest me in 1996 at a drinking party at TKE?

Answer 25

Because of the safety risks along with potential destruction of evidence, this justifies police entry to deal with an unsupervised party, or when an adult is illegally, providing alcohol or marijuana.

Question 26

Emergency aid search, what is needed?

Answer 26

Officers have reasonable suspicion that emergency assistance is needed to prevent physical harm, protect life, or provide assistance to someone injured.

They conduct a protective sweep designed to deal with the emergency.

Question 27

What is the scope of emergency aid?

Answer 27

Must deal with the emergency and not use it as an excuse to search for evidence.

Question 28

May I quickly enter a fire scene with fire personnel while fire apparatus is still in use to check for cause & origin?

Answer 28

Yes, but after the fire has been put out, you must obtain an administrative warrant.

An Administrative warrant permits entry into a fire damage building after the exit agency is over. This is to determine whether the fire was caused by carelessness or design.

If investigating beyond the cause and origin, a search warrant is required.

Question 29

Once a suspect, is aware of a police investigation, this would give a compelling reason for release to act

Answer 29

Once a suspect knows police are involved he may be motivated to destroy evidence, engage in violence, or try to escape. This is especially important if a detective is undercover and the suspects discover his identity, somehow becoming aware, police must act immediately to save him. Bust through the door.

Question 30

An Unanticipated move by a suspect may justify immediate entry.

Answer 30

However problems that should have been anticipated do not create an exigency.

Question 31

Possible destruction and loss of evidence calls for immediate action!

Answer 31

Example: feeling warm engine on a car after a murder, officer would’ve lost evidence of operation if he had taken the time to obtain a warrant

Blood evidence and cuts on a suspect hands required immediate swab, especially when he was a suspect of fatally, stabbing someone.

Question 32

Here is an example of when you have probable cause to search but not probable cause to arrest:

Answer 32

What if a shoplifter or pickpocket suspect is under surveillance stashes loot on an innocent person’s pocket or a child possess narcotics by accident?

In both of these cases, the police lack probable cause to arrest but still have probable cause to search.