Also known as: exigent circumstances · exigent circumstances exception · emergency exception
Written by attorneys · grounded in primary & secondary sources — see below
Circumstances creating an immediate threat of harm, evidence destruction, or suspect escape that justify a warrantless search or home entry under the Fourth Amendment.
Enzo Eastwood fled into his residence after officers observed him selling narcotics on the street. Officers followed and entered without an arrest warrant, finding additional drugs inside. The entry was invalid because no immediate threat of evidence destruction or escape existed at the moment of entry.
Ethan Evans was suspected of a minor noise violation at his apartment. Officers entered without a warrant after hearing continued music, seizing evidence of an unrelated crime. The government failed to meet its burden because the minor offense did not support a finding of sufficient exigency.
Select any source to read its text and confirm it supports the definition.
Edward Everett retreated into his home during a suspected drug transaction. Officers entered without a warrant claiming an ongoing conversation justified the intrusion. The entry violated privacy interests because no immediate danger or evidence loss was shown to override the warrant requirement.
Eva Espinosa was briefly detained on the street after suspicious behavior. Officers followed her into a nearby building without a warrant when she fled inside. The escalation lacked exigent justification because the initial stop did not reveal an immediate threat requiring home entry.
Eric Espinoza's residence was searched under a warrant later found defective. Officers relied on the warrant despite learning of possible exigent facts during execution. The good-faith reliance did not extend to the exigent claim because officers had time to obtain a proper warrant.
Esme Ellington sought an immediate medical procedure at a clinic under state restrictions. Officials attempted entry without a warrant citing regulatory urgency. The entry was improper because no immediate physical threat justified bypassing ordinary procedures.
The government must demonstrate that exigent circumstances existed at the time of entry, such as an immediate threat to safety or evidence destruction. Minor offenses weigh against finding exigency. Officers bear the burden of proof.
Supporting sources
No. Officers must obtain a separate search warrant for a third party's home absent exigent circumstances. Evidence seized without the required warrant is inadmissible against the homeowner.
Supporting sources
Officers may order a warrantless blood draw when the driver is unconscious and evidence of intoxication is dissipating. The exigent circumstances framework applies because breath testing is unavailable and alcohol metabolizes rapidly.
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…of Appeals construed the phrase "serious risk" to include those circumstances. Id. , at 701. It stated: "[W]e read the medical emergency exception as intended by the Pennsylvania legislature to assure that compliance with its abortion regulations would not in any way pose a significant threat to the life or health of a woman." Ibid.…