Also known as: exigent writ · exigents · exigent
Written by attorneys · grounded in primary & secondary sources — see below
An exception to the Fourth Amendment warrant requirement that permits law enforcement officers to enter a home without a warrant when immediate action is necessary to prevent the destruction of evidence, escape of a suspect, or harm to persons.
William Williams is suspected of a serious crime. Officers arrive at his home with probable cause but no arrest warrant. They hear sounds indicating Williams is destroying evidence inside and enter immediately to prevent loss of that evidence. The entry is upheld because the risk of evidence destruction supplies the required exigency.
Willow Walker is suspected of a low-level regulatory violation carrying only a small fine. Officers follow her to her condominium and enter without a warrant after seeing her through a window. The court suppresses the evidence because the minor nature of the offense makes it unreasonable to forgo obtaining a warrant.
Select any source to read its text and confirm it supports the definition.
Wendy Wu's roommate reports she is flushing drugs down the toilet after officers knock. Officers enter without a warrant to stop the destruction. The drugs are admissible because the imminent loss of evidence created exigent circumstances justifying immediate entry.
Whitney Washington flees into her home after officers see her commit a violent felony. Officers follow and enter without a warrant to complete the arrest. The entry is lawful because hot pursuit supplies the exigent circumstance permitting warrantless home entry.
Winter Wolfe's neighbor reports screams and breaking glass from inside her home. Officers enter without a warrant and find an injured occupant. The entry is upheld because the ongoing emergency created exigent circumstances allowing immediate warrantless entry.
Wanda Williams is found dead in her apartment. Officers enter without a warrant and conduct only a brief sweep for other victims or suspects. Further evidence gathering is suppressed because the homicide alone does not justify a full warrantless search once the exigency ends.
A minor offense punishable only by a small fine weighs strongly against finding exigent circumstances that would justify a warrantless home entry. Officers must show a compelling immediate need that makes obtaining a warrant impracticable, and low offense gravity cuts against that showing.
Officers who have probable cause and are diligently pursuing a warrant may briefly prevent a resident from reentering unaccompanied to preserve evidence. The restriction must be modest in scope and duration and closely tied to the need to prevent destruction of evidence.
An overnight guest who stays in a home with permission, keeps personal belongings there, and uses the space as a residence has a reasonable expectation of privacy and may contest a warrantless search of that home.
…States , 365 U. S. 610 (1961), or that in most instances failure to comply with the warrant requirement can only be excused by exigent circumstances, see, e. g. , Warden v. Hayden , 387 U. S. 294 (1967) (hot pursuit); cf. Preston v. United States , 376 U. S. 364, 367-368 (1964). But we deal here with an entire…