4.2: Exigent Circumstances Searches

Question 1

Rationale for exigent exception?

Answer 1

PC (indicates a legitimate gov purpose) & no time to obtain a warrant (danger to police, destruction of evidence, & hot pursuit)

Question 2

Showing for exigent exception?

Answer 2

PC to search & a qualifying exigency (likelihood/gravity/imminence)

Question 3

Scope for exigent exception?

Answer 3

Search until the exigency is addressed or dissipates

Question 4

Relevant components of exigency?

Answer 4

Likelihood of harm and the gravity of harm

Question 5

Likelihood of harm

Answer 5

Clearly satisfied if PC of harm exists

Question 6

Gravity of harm

Answer 6

More serious than associated with an extremely minor offense & must also be imminent

Question 7

Scope of searching for the suspect

Answer 7

Search for the suspect where the suspect may be hiding, until the suspect is found or determined to be elsewhere

Question 8

Scope of searching for weapons

Answer 8

Search for weapons where weapons may be hidden, until suspect is found or determined to be elsewhere, or weapons are located

Question 9

Why is a warrant not required in a hot pursuit?

Answer 9

A suspect is more likely to resort to violence in these circumstances (Hayden)

Question 10

Why is a warrant not required during an entry to a home of an apparently unknown person?

Answer 10

A suspect is more likely to leave such a location (and thus escape) while police seek a warrant than he would be if he was hiding in his own home (Hayden)

Question 11

Does the need to assist seriously injured persons justify a warrantless entry?

Answer 11

Yes, the need to assist persons who are seriously injured or threatened with such injury, judged objectively, constitutes an exigency that justifies a warrantless entry (Brigham City v. Stuart)

Question 12

What is the standard for a warrantless entry for a person in need of immediate aid?

Answer 12

Reasonable if police have an objectively reasonable basis for believing that a person within the house is in need of immediate aid (MI v. Fisher)

Question 13

Does the exception apply to police-created exigency?

Answer 13

Yes, warrantless searches prompted by a police-created exigency do not violate the Fourth provided police did not create the exigency by violating or threatening to violate the Fourth (KY v. King)

Question 14

Limitations on police to prevent the destruction of evidence by others already inside the house

Answer 14

Permits a protective sweep of the interior of a home (Maryland v. Buie)