Exigent Circumstances Searches

Question 1

Exigent Circumstances Search Showing

Answer 1

1. probable cause to arrest and/or search; and
2. some qualifying exigency or need to act without securing a warrant

totalitiy of circumstances

Question 2

Exigent Circumstances Scope

Answer 2

1. search as long as the exigency exists, for the purpose of addressing the exigency
2. search for the suspect where the suspect may be hiding, until found or determined to be elsewhere, or
3. search for weapons where weapons may be hidden until suspect is found or dtermined to be elsewhere or weapons are located

Question 3

Qualifying Exigency

Answer 3

1. likelihood of potential harm and
2. gravity of potential harm

likelihood satisfied if pc of harm exists

Question 4

Hot pursuit

Answer 4

immediate and continuous pursuit of D from the scene of the crime. Suspect is more likely to resort to violence in these circumstances

Question 5

Gravity of potential harm

Answer 5

1. more than that associated with an extremely minor offense
2. imminent

Question 6

Dorman Factors

Answer 6

1. that a grave offense is involved, particularly a crime of violence
2. the supect is reasonably believed to be armed
3. clear showing of PC
4. strong reason to believe that the suspect is in the premises being entered
5. a likelihood that the suspect will escape if not swiftly apprehended
6. the entry, though not consent, is made peaceably. show reasonableness of police
7. time of entry- at night could underscore impracticability of obtaining a warrant

Question 7

Exigency Circumstances Exception

Answer 7

Police created: police may not rely or benefit on the need to prevent destruction of evidence when that exigency was created or manufactured by conduct of the police.

Question 8

HYPO:
Police without a warrant and based on a reasonable suspicion bang on the door of a suspected drug trafficker and short they will enter the home immediately unless residents open. D who is inside quickly begins destroying the drugs. Police hearing this, enter the home and arrest D and seize the drugs. Does the exigency exception apply.?

Answer 8

• NO, police gained entry via threatened violation, no pc or warrant

Question 9

HYPO: police wish to executed an outstanding arrest warrant for suspect A for drug. Police has PC to believe suspect B is A coconspirator. Believing that A is hiding in B home, police enter B home to arrest A. Once inside, police see A standing next to B. Police arrest both. Is this reasonable?

Answer 9

• A: PC, and A has no standing
• B: assuming PC to arrest, police still needs arrest warrant to arrest in own home therefore NO not reasonable.