CP Ch. 16 Exigent Circumstances & Emergency Aid

Question 1

Exigent circumstances have two major limitations. What are they?

Answer 1

1. Cannot be based on a development that should have been anticipated by police (cannot create exigency)
2. Officers must obtain a warrant when the exigency ends.

Question 2

Exigency is typically over if: (3)

Answer 2

1. The suspect has been arrested and removed from the scene.
2. There is no longer a risk that evidence will be destroyed or removed.
3. All occupants of the premises have been removed and the police can post a guard.

Question 3

Exigent circumstances: Victim reported defendant hit him in the head with a handgun in the front yard, took the gun to the backyard, and returned to the front yard without the gun. Officers secured the scene. They should:

Answer 3

Get a warrant before searching the backyard.

Question 4

May Officers in “hot pursuit” of a FELONY suspect enter a home?

Answer 4

Yes.

However, once emergency exigency is over: Secure premises and get a warrant.

Question 5

Police confronted a suspect on the doorstep of her own apartment. She quickly ran inside (where she could easily destroy evidence or grab a weapon). May officers enter the apartment under “hot pursuit”?

Answer 5

Yes. The “pursuit” may be short.

Question 6

True or false:
Police should warn potentially innocent occupants before entering (hot pursuit).

Answer 6

True.

Question 7

Unlike a felony, a misdemeanor may be quite minor. This is why hot pursuit into a home is (blank) permitted.

Answer 7

Not always permitted. Must be an additional emergency (such as potential violence, destruction of evidence, escape from the home).

Question 8

Unlike a felony, a misdemeanor may be quite minor. This is why hot pursuit into a home is not always permitted. Only an additional emergency- such as potential violence, destruction of evidence, or escape from the home- justifies warrantless entry. Most of the time, flight itself brings on exigencies: (3)

Answer 8

1. Suspect generally knows officer is there, that is why he is fleeing
2. Officer often will not know who suspect is or if suspect entered his own home or a strangers
3. Officer will probably not know if the suspect has gone into one door with intent to run out another.

That is why it makes more sense to spell out the factors that call for an officer to stop and get a warrant or criminal complaint (separate flashcard)

Question 9

Do NOT enter a dwelling in hot pursuit of a MISDEMEANOR suspect if you: (3)

Answer 9

1. Know the suspect fled into his own home; and
2. Do not believe the suspect will destroy evidence(of a crime you have probable cause to arrest for); and
3. Have no information the suspect poses a risk of violence.

Question 10

Other factors that eliminate hot pursuit: (3)

Answer 10

1. The offense is civil
2. the only crime is a non-jailable misdemeanor
3. The reason is to collect breath or blood test evidence for OUI. (since these forms of evidence may not be compelled from a suspect, even with a warrant)

Question 11

Potential crime scene- Officers may enter to investigate a potential:

Answer 11

Crime in progress.

Ex. open door, other suspicious signs: officers may enter without a warrant to determine if any intruders are present and secure the premises.

Note: As long as officers behave reasonably, they are not liable to the homeowner

Question 12

May officers enter onto private property to serve a restraining order?

Answer 12

Yes.

Note: after coming on the property for this purpose, officers need consent or exigent circumstances to actually enter the home.

Question 13

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

Answer 13

Yes.

The police response to domestic violence must be “evaluated in relation to the scene as it appeared to officers at that time, and not… with the benefit of leisured retrospective analysis”

Question 14

If police have a reasonable belief that the subject of a protective order is present, may police enter, despite the potential victim’s objection?

Answer 14

Yes. Victim’s objection has no bearing on the reasonableness of police entry.
“Battered women tend to minimize and deny the severity and extent of the abuse”

Question 15

An officer took a report from a woman that her boyfriend, Pierce, had beaten her up. At the time she gave the report, the woman had left the dwelling and was safe with her family. Pierce was not aware that she had notified the police, so there was no risk that evidence would be destroyed, and officers had ample time to get an arrest warrant. Police went directly to Pierce’s house, entering under exigent circumstances, and arrested Pierce. They found drugs and a gun. Was this entry justified?

Answer 15

No. A potential victim must be at risk in order to justify an exigent entry.

Question 16

Disturbance: 41 Sec. 98 authorizes police entry into any home or building to restore peace.

Is entry justified if disturbance is over? (loud party)

Answer 16

No. Includes curtilage (backyard, back deck)

Question 17

Disturbance: 41 Sec. 98 authorizes police entry into any home or building to restore peace.

Is entry justified if occupant agrees to cooperate? (loud music)

Answer 17

No.

Question 18

Disturbance: 41 Sec. 98 authorizes police entry into any home or building to restore peace.

Is entry justified if the disturbance is persistent?

Answer 18

Yes.
Ex. multiple complaints, multiple efforts to diffuse the situation without entering had failed.

Question 19

Disturbance: 41 Sec. 98 authorizes police entry into any home or building to restore peace.

Is entry justified if there is violence? (loud party, fight inside)

Answer 19

Yes.

Question 20

The (blank)- along with the (blank) justify police entry to deal with an unsupervised party or one where an adult is illegally providing alcohol or marijuana.

Answer 20

The safety risks- along with potential destruction of evidence

Question 21

Is there a “social host law” for marijuana?

Answer 21

Yes. it forbids transferring marijuana to minors, or allowing minors to consume marijuana on private property.

Note: like alcohol, only parents or grandparents may provide marijuana to their children and grandchildren on their property.

Question 22

Officers must have probable cause AND a real threat that violence will occur, evidence will be destroyed, or the suspect will escape. The following factors create exigent circumstances. (7)
Note: Not all of them need to be present in each situation.

Answer 22

1. FELONY and strong belief he is PRESENT
2. The underlying crime involved VIOLENCE
3. Suspect is known, or believed to be, ARMED
4. DANGEROUS TO DELAY
5. AWARENESS OF POLICE INVOLVEMENT
6. NIGHTTIME- getting a timely warrant is more difficult
7. ESCAPE- likelihood of escape if suspect is not apprehended immediately

Question 23

Police cannot (blank) exigent circumstances to justify their decision to enter without a warrant.

Answer 23

Cannot create exigent circumstances.

Ex. Although there was nothing to suggest the defendant even knew he was a suspect, and there was ample time to get a warrant, Officers instead attempted to make an arrest on PC (after waiting a day). They should have known their presence was likely to induce suspect behavior that would create exigent circumstances. They should have got a warrant.

Question 24

May police justify their decision to enter without a warrant, based on what happens once they get inside?

Answer 24

No.

Ex. The only exigency- an altercation between a female inhabitant and officers- was a direct result of the improper entry. Evidence discovered was suppressed.

Question 24

Exigency: Dangerous situations often demand an (blank):

Answer 24

Immediate response.

Ex. man kills 7 coworkers, detective reasonably believes he may have killed others (possibly in his home) prior to this attack. Detective sent officers to defendants residence to secure it and check for additional victims. After receiving no answer at the door, they entered, not finding additional victims but ammo and a firearms manual. Officers stayed in the apartment 5 min, looking only where people could be found, and sought a search warrant.

Question 25

A suspect’s awareness about an investigation is a compelling reason for police to act. Once a suspect knows police are involved, he is motivated to (3)

Answer 25

1. Destroy evidence
2. Engage in violence
3. Try to escape

Note: On the otherhand, exigent circumstances to enter do not exist simply because police locate a felon or see a crime indoors.

Question 26

Would a warrantless search of an apartment be valid if the police were lawfully present as they could plainly see through an open window that the occupants were packaging drugs for sale, even if there was no indication that the occupants were aware they had been seen by police?

Answer 26

No. The occupants had no motive to flee or destroy evidence, as they were unaware they had been seen by police. Police had time to get a warrant.

Question 27

An unanticipated move by a suspect MAY justify:

Answer 27

immediate entry.

Ex. drug dealer changes location at the last minute, from a parking lot to his apartment. Undercover officer was out of range of the surveillance team at the apartment.

Question 28

Problems that (blank) do not create exigent circumstances.

Answer 28

Problems that should have been anticipated.

Ex. Arrestee in drug investigation said in custody that, once he is released, he will go back to the house and warn the others. Fearing destruction of evidence, police made immediate warrantless entry. Court said that “the possibility that an arrestee may return is obvious”. Should have secured the house and applied for a warrant after the initial arrests.

Question 29

The possible destruction or loss of evidence calls for immediate action. Three examples:

Answer 29

1. Feeling engine- warm engine in cold weather, would have lost the evidence of operation while waiting for warrant
2. Chop shop- Stolen vehicle- entry to prevent any further damage to the vehicle
3. Blood on hands- Probable cause to swab defendant’s hands for blood, couldn’t wait for warrant because defendant might wash hands before

Question 30

Do exigent circumstances to secure evidence extend to a person not under arrest?

Answer 30

They may. Probable cause to search may not always correlate to probable cause to arrest.

ex. pickpocket, under suspicion of surveillance, stashes his loot in innocent person’s pocket

Question 31

May objects found in a public place, such as weapons or contraband, be seized without a warrant?

Answer 31

Yes. The risk that the item will disappear or be unlawfully used amounts to exigent circumstances.

Question 32

Police play an important safety role unrelated to law enforcement. To justify an entry and/or search under the emergency aid exception, it is required that: (1)Officers have (blank) that emergency assistance is needed to prevent (blank), protect (blank), or provide (blank); and
(2) They conduct a (blank) designed to deal with the emergency.

Answer 32

To justify an entry and/or search under the emergency aid exception, it is required that: (1)Officers have reasonable suspicion that emergency assistance is needed to prevent harm, protect life, or provide assistance to someone injured; and
(2) They conduct a protective sweep designed to deal with the emergency.

Question 33

Emergency Aid- In all cases, Officers must deal with the emergency- not:

Answer 33

not use it as an excuse to search for evidence.

Question 34

One male and two females at an after hours party at the males house, drinking from a bottle of tequila. Next morning, the two women were hospitalized after not feeling well, and where found to have ingested GHB. At the request of hospital, Police conduct well being check of the male, who states he isn’t feeling well and goes to the hospital. Police remain on scene after he is transported, and seize the tequila bottle. They test it 4 months later and find that it contained GHG. The male was charged. Was the entry proper? Was the seizure of the tequila bottle proper?

Answer 34

Entry proper- Request from hospital staff presented emergency. Until seizing tequila, police were focused on the males well being.
Tequila seizure improper- If police had seized bottle and tested it immediately, would have been justified as emergency aid. In reality, seizure was for investigative purposes. Police needed (1) the males consent to stay at residence and seize the bottle, or (2) search warrant.

Question 35

E911 regulations require that police (blank) any unanswered or silent 911 call, and they recommend that (blank) if dispatch receives no response to a call back.

Answer 35

1. Call back
2. That a cruiser respond

Question 36

When responding to an unanswered or silent 911, and receive no answer at the door, police should do 4 things. What are they?

Answer 36

1. Check with dispatch about past problems at address
2. Walk around the perimeter
3. Try to gather info from neighbors
4. If concerned after preliminary inspection, consult with supervisor to determine whether to force entry.

Question 37

A vulnerable person inside a dwelling may need immediate assistance. 3 categories of vulnerable people listed in the book:

Answer 37

1. Elderly
   Ex. Officer reasonably gained access looking for possibly endangered woman, found guns and ammo of son. Proper.
2. Physically abused child- came to school and said mothers boyfriend beat up mom and hurt son. No answer when officers knocked. Found mother injured and toddler with fractured skull. Proper.
3. Sexually abused child. 15 year old snuck out and was with 24 year old male at his apartment. Officers forced entry after no response. “rape… poses a threat of ‘serious injury’ to a child”. Proper.

Question 38

Multiple entries may be justified when occupants- whose whereabouts are unknown- are:

Answer 38

Possibly still inside.

Missing couple. Police entered first time and conducted a brief walk around to confirm they where not home, but did not search thoroughly. After 24 hours passed, they re-entered, this time finding wife and baby dead under a comforter. Second entry was justified- The first “search” had not eliminated the risk that a missing person was still inside.

Question 39

Does a legitimate suicide risk justify police intervention?

Answer 39

Yes. Including entry if necessary.

Question 40

Suicide risk with gun in home- If the gun is NOT legally possessed, police may:

Answer 40

Seize it with consent, or a search warrant (after they have secured the scene)

Question 41

Suicide risk with gun in home- If gun is legally possessed, police should:

Answer 41

Pursue administrative remedy: Notify LA and ask for LTC/FID to be suspended for unsuitability. Officers may then enter home and seize guns with consent. If owner refuses to turn over guns, they are in violation of 269 sec 10. Immediately secure the scene and apply for search warrant.

Question 42

A gas leak or other fumes typically provide a reason to enter. However, :

Answer 42

However, not all odors justify entry.

Ex. police forced entry after technician smelled explosive levels of gas. Proper.

Ex. Report that neighbors apartment “smelled like drugs”. Police responded 2 days later and smelled chemicals. Male party had been seen leaving the apartment earlier in the day; could not get in touch with the female. Police entered the apartment and did not find the woman, but did discover evidence of a small scale meth operation. Police obtained a search warrant, and arrested the male when he arrived home during the warrant search. SJC rejected the inital entry, and suppressed the evidence.

Question 43

Fire scene: May police make a warrantless entry into a home to remove occupants?

Answer 43

Yes.

Question 44

Fire scene: Warrantless Entry- To check for cause and origin: Firefighters may be joined by other investigators while (blank) are still engaged at the scene.

Answer 44

Firefighters and their equipment.

Ex. Trooper from Fire Marshal’s Office arrived at 5:15am and was not allowed in until 7am because firefighters were still actively fighting the fire until then. Proper.

Ex. Entry by fire officials 6 hours after fire had been extinguished and no apparatus remained on scene: Improper- At that point, and ADMINISTRATIVE warrant was necessary.

Question 45

What permits entry into a fire damaged building after the emergency?

Answer 45

An administrative warrant.

Question 46

To obtain an administrative warrant to investigate the cause and origin of a fire after the emergency, officials must show that a fire of undetermined origin occurred and that they “will not intrude unnecessarily on the fire victim’s privacy because their search will occur:

Answer 46

At a reasonable and convenient time. “

Question 47

Fire scene: Investigating beyond cause and origin: As soon as investigators develop probable cause of crime and wish to expand their search into other areas of the structure, they must:

Answer 47

Immediately secure the scene and obtain a search warrant.

Question 48

True or false:

Police may enter to protect the health and safety of an animal.

Answer 48

True.