Exigent circumsnatces & special needs

Question 1

How do special needs situations effect the 4th amenndment?

Answer 1

They relax the 4th

Question 2

Where do special needs situations apply?

Answer 2

Border Searches, Drug testing, National Security, School searches, Searches of prisoners, Parolees, & probationers

Question 3

What are the most obviouse examples of exigent circumstances/

Answer 3

• Hot pursuit
• Danger of escape
• Threats to evidence
• Threats to others

Question 4

Burden to show exigency

Answer 4

clear and convincing evidence that the circumstances surrounding the opportunity to search were truly exigent and that the exigency was in no way attributable to the decision by the police to forego seeking a warrant

Question 5

Pesmissibility of a warrantless search under Article I, Section 8

Answer 5

where the police have probable cause and are presented with an emergency situation where a warrantless search is necessary to:
(1) prevent the escape of a person subject to arrest for a serious offense; or
(2) prevent the destruction of evidence the police have probable cause to seize; or
(3) alleviate a situation presenting an immediate danger to the officers themselves or others.

Question 6

Reasons for a warrantless entry into a home (Roland factors)

Answer 6

(1) the gravity of the offense (violent vs. nonviolent);
(2) whether the police reasonably believed the suspect to be armed;
(3) whether there was clear probable cause to arrest;
(4) whether there was a strong reason to think the suspect was in the residence;
(5) whether there was a likelihood of escape if the entry was not effected;
(6) whether the entry was peaceably accomplished; and
(7) whether the entry was made at night.

Question 7

Entering a home while in hot pursuit

Answer 7

An officer, under common-law could enter a house to pursue a felon, but pursuit of a misdemeanant does not trigger a categorical rule allowing a warrantless home entry.

Question 8

Emergancy aid exception (Fisher)

Answer 8

police may enter a home w/o a warrant to render emergency assistance to an injured occupant or to protect an occupant from imminent injury

Question 9

What do officers need for the emergency aid exception to apply?

Answer 9

an objectively reasonable basis for believing, that a person within [the house] is in need of immediate aid.

Question 10

Test for entrapment

Answer 10

Criminal conduct is excused if:
* An agent of law enforcement
* Actually instigated or induced
* an otherwise innocent person to commit the crime charges