Exigent Circumstances

Exigent Circumstances  Warrant Exception.  Hot Pursuit: probable cause is sufficient to arrest a felon in a public place—no warrant is required (Watson, see ch. 19). But a search warrant (or at least arrest warrant accompanied by “reason to believe the suspect is within”) is required to enter a home in order to make an arrest (Payton). But officers in hot pursuit of a fleeing felony suspect may make a warrantless search and seizure to the extent necessary to prevent a felon’s escape—including pursuit into a home (Hayden). But hot pursuit of a fleeing misdemeanor suspect does not categorically qualify as an exigent circumstance; “when the officer has time to get a warrant, he must do so” (Lange). [Note, regardless, still need probable cause that suspect committed crime]. o The exigent-circumstances exception permits officers in hot pursuit of a fleeing felon to enter and search a home without a warrant (Hayden). o The exigency justifies the possible consequences (e.g. increasing safety concerns) that are incurred by waiting. o Absent exigent circumstances, the police may not enter a person’s home to make an arrest without a warrant (Payton).  Preservation of Evidence: officers may also make a warrantless entry of a home to prevent the destruction of evidence—even if the officers cause the exigency by knocking—as long as their creation of the exigency did not involve an actual or threatened Fourth Amendment violation (King). [Note, even if warrant exception applies, still need probable cause that evidence of a crime will be found.] o The exigent circumstances exception to the Fourth Amendment’s warrant requirement applies to an exigency that is officer created if the exigency does not arise from the officer’s unreasonable or unconstitutional conduct (King).  Public Safety Exception: in an emergency, officers may make a warrantless entry of a home to assist a seriously injured occupant or protect an occupant from imminent serious injury if they have an “objectively reasonable basis for believing” that a person in the home is in need of immediate aid, or that persons were in danger (Stuart, Fisher). o Police may enter a home without a warrant as long as they objectively believe that the occupant is injured or in immediate danger (Stuart). o A warrantless search of a home is allowed when there is an objectively reasonable basis for law enforcement officers to believe that someone in the house needs immediate help (Fisher).