Also known as: exigent circumstance · exigency · exigency exception
Written by attorneys · grounded in primary & secondary sources — see below
A situation that justifies law enforcement officers in conducting a warrantless search or seizure when immediate action is required to protect life, prevent evidence destruction, or stop a suspect's escape. Officers must have probable cause and the circumstances must make obtaining a warrant impracticable. The government bears the burden of showing that the exigency was genuine and not created by unconstitutional police conduct.
Eduardo Enriquez heard officers knock and announce at his apartment door. He began flushing drugs down the toilet. Officers entered without a warrant because they reasonably believed evidence was being destroyed. The entry was upheld under exigent circumstances even though the sounds arose after the knock.
Elijah Edwards reached officers at his home after a neighbor reported an assault in progress. Officers entered without a warrant because they reasonably believed an occupant faced imminent injury. The entry was upheld under exigent circumstances given the immediate threat to life.
Evelyn Ellison was inside her own home when officers arrived to arrest her for a nonviolent offense. No immediate threat existed and officers lacked reason to believe she would flee. They needed an arrest warrant before entering because exigent circumstances were absent.
Select any source to read its text and confirm it supports the definition.
Emmett Egan was suspected of a minor traffic offense inside his residence. Officers entered without a warrant claiming hot pursuit. The minor nature of the offense made it harder for the government to prove sufficient exigent circumstances to justify the entry.
Ethan Evans was stopped on the street after officers observed suspicious behavior near a reported shooting. The officers patted him down for weapons because the ongoing threat created exigent circumstances. The brief seizure was upheld as reasonable under the circumstances.
Emanuel Escobar's statements led officers to his home where they entered without a warrant. Exigent circumstances did not exist to justify the entry. Evidence obtained inside was suppressed as fruit of the unconstitutional action.
Officers may enter when they reasonably believe evidence is being destroyed and the exigency was not created by an actual or threatened Fourth Amendment violation. The belief must arise from sounds or other facts observed after a lawful knock and announce.
Supporting sources
No. Officers must evaluate the totality of the circumstances including risk of imminent harm, evidence destruction, or escape. Flight by itself does not create a categorical exigency.
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All warrantless home entries are presumptively unreasonable. The government must demonstrate sufficient exigent circumstances and show that the offense's seriousness supports the need for immediate action.
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No. Absent exigent circumstances, officers need a separate search warrant to enter a third party's home even when they hold an arrest warrant for the suspect.
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…170. Levy Leasing Co. v. Siegel , 258 U.S. 242. We assume, of course, that the statute was passed upon the conviction that an exigency existed that would warrant it, and we assume that an exigency exists that would warrant the exercise of eminent domain. But the question at bottom is upon whom the loss of the changes…