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Generally, under the U.S. Constitution, police
cannot make an arrest or seize property without a
warrant or unless you give your consent.
However, where exceptional or dangerous
circumstances exist, peace officers are permitted to
seize or detain people and evidence without a warrant.
These are known as exigent circumstances.
Threats & Emergencies
The simplest definition of exigent circumstances is
emergency situations. If there is an emergency
situation, police do not need a warrant to arrest you
or to search your property. Emergency situations, in
fact, make the arrest reasonable. Some emergency
situations that qualify as exigent circumstances are:
- Threat of disappearance – The police
pursue a fleeing suspect into a house or apartment
to make a warrantless arrest, believing the
suspect is inside and may escape.
- Threat of destroyed evidence – Police
see that evidence might be destroyed in a fire or
flood, or where the evidence will disappear with a
fleeing suspect.
- Threat to safety of public – The police
enter your home if you put the public in danger,
or if you are in need of immediate attention.
Additionally, if the police approach your house
and see you reach for something, they may be
justified in entering out of concern for their own
safety. But only the initial entry is justified;
the police may not make a warrantless search of
the entire house without more justification.
- Threat to property – The police may
enter a building or home to control a fire, to
search for bombs, and to look for a drug lab after
smelling strange odors.
Factors that Contribute
Whether exigent circumstances exist will depend on the
facts of each particular case. Some of the factors
that courts use to determine exigency are:
- The seriousness of the offense – The
more serious and dangerous the offense, the more
likely that the police are justified.
- Whether you are armed – If the police
have a reasonable belief that you are armed, they
are more likely to be justified in arresting or
searching you.
- Whether probable cause is clear – The
more clear, the more justified the police are.
- Whether you are likely to be found at the
location – Police cannot search for you if
they do not have a reasonable belief that you will
be found at the location.
- Likelihood of escape – If you are
likely to flee or escape, the police may be
justified in pursuing you.
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