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Topic: Exigent Circumstances

In the News (Fri 17 Feb 12)

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	Canada, R. v. Silveira
		Yet, exigent circumstances did exist: the nature of the crime, the public arrests near the dwelling-house and the belief by the police that they needed to enter the house in order to preserve the evidence while they awaited the search warrant which they believed to be on the way.
		If the urgent emergency circumstances are such that the police are required to enter a dwelling without a warrant to preserve evidence, the question as to whether or not the serious nature of the breach would render the evidence obtained in a subsequent search inadmissible will have to be carefully considered on a case-by-case basis.
		Exigent circumstances, both under the common law and under the Charter, constitute an exception to the ancient maxim "a man's home is his castle" which underlies the finding of a serious s.
	www.hrcr.org /safrica/privacy/r_silveira.html (2877 words)

	[No title]
		Exigent circumstances exist whenever a suspect implicated in a violent crime or thought to be armed discovers that he has been cornered by police Conclusion QUESTIONS PRESENTED 1.
		Against a finding of exigent circumstances, the state court found that respondent did not have the murder weapon, that there was not strong probable cause to implicate him in the robbery/murder, /12/ and that the likelihood of respondent's escape was minimal because the police had the premises surrounded.
		Although we do not propose a universal test for determining the existence of exigent circumstances, considerable certainty would be provided in an important area by a rule that circumstances are exigent whenever a suspect implicated in a violent crime or thought to be armed discovers that he has been cornered by the police.
	www.usdoj.gov /osg/briefs/1989/sg890395.txt (6703 words)

	ar021012
		Before agents of the government may invade the sanctity of the home, the burden is on the government to demonstrate exigent circumstances that overcome the presumption of unreasonableness that attaches to all warrantless home entries.
		In Duchi, the warrantless entry into the defendant's residence was not supported by exigent circumstances even though the officers knew that the defendant had picked up a package containing what the officers knew to be cocaine, and the defendant had removed contraband from his residence prior to a previous search.
		The exigent circumstances occurred when appellant continued to run away from the officers after he was made aware of their presence.
	courts.state.ar.us /opinions/2003b/20031210/ar021012.html (1685 words)

	No. 03-0952
		Exigent circumstances are present so as to justify a search in the absence of a warrant where there is a threat that "evidence will be lost or destroyed if time is taken to obtain a warrant." Id.
		Exigent circumstances did not exist, the circuit court ruled, because the arresting officer had already obtained what he believed to be a voluntary and sufficient breath test that demonstrated that Faust's BAC was in excess of the legal limit.
		The test for exigent circumstances upon review is whether a police officer under the circumstances known to the officer at the time "might reasonably have believed that he was confronted with an emergency, in which the delay necessary to obtain a warrant, under the circumstances, threatened the 'destruction of evidence.'"
	www.wisbar.org /res/sup/2004/03-0952.htm (7542 words)

	[No title]
		[I]n determining whether exigent circumstances were sufficient to overcome the presumption of unreasonableness and justify a warrantless entry, the court must examine the circumstances as they reasonably appeared to the law enforcement officers on the scene.
		The Fourth Circuit found exigent circumstances for the warrantless entry and concluded: In addition, we cannot accept appellants' claim that the exigent circumstances were somehow of the officers' own making.
		The issue of police creating their own exigent circumstance by knocking and announcing their presence was not an issue in Weathers nor was it a component of the decision.
	www.courts.state.va.us /opinions/opncavtx/0145043.txt (2922 words)

	United States v. Ojeda
		Exigent circumstances created by improper conduct by the police may not be used to justify a warrantless search.
		gent circumstances in this case were created by the combination of the operation of the methamphetamine laboratory and the suspects' knowledge that the officers were on the property, the latter circumstance being what might have caused the suspects to attempt to destroy evidence.
		Basing our decision on exigent circumstances, it is unnecessary for us to consider the government' s alternative argument that the officers properly entered the garage to conduct a protective sweep while they searched the main residence.
	www.law.com /regionals/ca/opinions/jan/0110020.shtml (995 words)

	03-8005 -- U.S. v. Zogmaister -- 02/26/2004
		Exigent circumstances may justify warrantless searches when: (1) there is probable cause for the search or seizure, and the evidence is in imminent danger of destruction, Cupp v.
		If the government could use the exigent circumstances exception to justify warrantless searches when searches were motivated by an intent to seize evidence, officers could conduct warrantless searches for drugs any time they had reason to believe that the suspect possessed a gun or posed a potential danger.
		Though Aquino addressed exigent circumstances in the context of evidence in imminent danger of destruction, we conclude that its rationale applies equally to exigent circumstances in the context of concern for the safety of law enforcement or the general public.
	www.kscourts.org /ca10/cases/2004/02/03-8005.htm (3718 words)

	74419 -- State v. Houze -- Prager -- Kansas Court of Appeals
		Probable cause to justify a warrantless search exists where the facts and circumstances within the knowledge of the officer making the arrest or search, and of which the officer had trustworthy information, are sufficient in themselves to warrant a person of reasonable caution in the belief that an offense has been or is being committed.
		Exigent circumstances may exist to justify a warrantless search where a police officer reasonably believes there is a threat of imminent loss, destruction, removal, or concealment of evidence or contraband.
		Exigent circumstances exist where the police officer reasonably believes there is a threat of imminent loss, destruction, removal, or concealment of evidence or contraband.
	www.kscourts.org /kscases/ctapp/1997/19970110/74419.htm (1687 words)

	Fourth Amendment Rights of Fire Victims
		Exigent circumstances exist in an "emergency situation requiring swift action to prevent imminent danger to life or serious damage to property, or to forestall...
		As the controlling authority at the scene under exigent circumstances, it stands to reason that the fire department, and also the employee who allows the entry of persons not authorized to enter, may be held responsible and liable for allowing an illegal entry.
		If we, as fire service personnel on scene during exigent circumstances, allow the media into a residence, which is clearly not related to the objectives of eliminating the exigent circumstance, we may be allowing a violation of the Fourth Amendment.
	www.expertlaw.com /library/fires/fourth_amendment.html (2751 words)

	State v. Nagel, 308 N.W.2d 539 (N.D. 1981)
		Therefore, we must decide whether or not the circumstances present in this case indicate that the officers had probable cause to believe a felony had been committed, and whether or not the facts show that there were exigent circumstances justifying the officers' entry into the residence.
		The existence of exigent circumstances must be determined in light of the facts known to the officers at the time they seek entry.
		The court held that there were no exigent circumstances justifying entry as it appeared to the officers no one was in the apartment when they entered and there were no other factors which would justify a warrantless entry to search.
	www.court.state.nd.us /court/opinions/761.htm (4492 words)

	cr031460
		Instead, the State urges that the dissent was correct in concluding that the exigent circumstances were created by Appellant when he chose to run down the hallway to the bathroom and flush the evidence down the commode.
		Furthermore, regardless of when the exigent circumstance arose, we agree with the court of appeals that this particular exigent circumstance was effectively created by the police's chosen strategy in this case.
		There, the court held that the exigent circumstances relied on to justify a warrantless entry of a condominium were the result of the police's decision to approach the residence and announce their presence.
	courts.state.ar.us /opinions/2004a/20040429/cr031460.html (6024 words)

	AUTHORITY OF FEDERAL JUDGES AND MAGISTRATES TO ISSUE "NO-KNOCK" WARRANTS
		Section 3109 expressly limits its door-and-window-breaking authorization to circumstances where either (a) the officers have been refused admittance after announcing their authority and purpose; or (b) forcible entry is necessary to "liberate" the officers or those assisting them in the execution of the warrant.
		In Tisdale, the court also held that, even assuming that the exigent circumstances required for a no-knock search warrant were not present, the police officers' reliance on the no-knock provision of the warrant was not objectively unreasonable, thus precluding suppression of the evidence seized during the no-knock search.
		Circumstances which justify noncompliance with the rule of announcement when the warrant was obtained might change after the judge's evaluation and before the officer's entry.
	biotech.law.lsu.edu /blaw/olc/noknock.htm (4015 words)

	Pages 256-286 - Search & Seizure - Demers - Summer '02
		Exigent circumstances justifying warrantless entry into a home are present where officers are in hot pursuit of a fleeing felon or they have probable cause to believe one of the following:
		Exigent circumstances may be present even without hot pursuit of a fleeing criminal.
		It [was] clear, however, from the totality of the circumstances, that the officers had probable cause to believe that the items plainly visible in the house were the fruits of the several robberies the appellant was suspected of having committed, and that their seizure was not unreasonable." Black v.
	www.countyjudges.com /Demers/page256-286.htm (10507 words)

	Hawaii Supreme Court Case No. 17728 (Site not responding. Last check: 2007-10-09)
		In attempting to define "exigent circumstances," this court in Clark stated: [although] the term "exigent circumstances" is incapable of precise definition, generally speaking.
		For "no amount of probable cause can justify a warrantless search or seizure absent 'exigent circumstances.'" Thus, we are compelled to examine the circumstances in which the officer found himself to determine whether the exigencies of the moment were such as to sustain his decision to seize the gun without a judge's concurrence.
		Under the plain view doctrine, the requirement of exigent circumstances may be an issue where, because of the warrantless intrusion, the police were placed in plain view of the evidence.
	www.hsba.org /HSBA/Legal_Research/Hawaii/sc/17728.cfm (4237 words)

	Dictionary.com/Word of the Day: exigent
		An exception to the warrant rule was established when exigent circumstances required officials to act immediately.
		The purpose of the book is "to confirm the poet in a lonely and exigent task, which is all the more necessary in these times".
		Exigent is derived from the present participle of Latin exigere, "to demand."
	dictionary.reference.com /wordoftheday/archive/2005/06/20.html (145 words)

	UNITED STATES V. BANKS
		We have accordingly held that police in exigent circumstances may damage premises so far as necessary for a no-knock entrance without demonstrating the suspected risk in any more detail than the law demands for an unannounced intrusion simply by lifting the latch.
		In this case, however, the police claim exigent need to enter, and the crucial fact in examining their actions is not time to reach the door but the particular exigency claimed.
		The significant circumstances include the arrival of the police during the day, when anyone inside would probably have been up and around, and the sufficiency of 15 to 20 seconds for getting to the bathroom or the kitchen to start flushing cocaine down the drain.
	straylight.law.cornell.edu /supct/html/02-473.ZO.html (2533 words)

	freelegalaid.net - Warentlass Searches In The Home (Site not responding. Last check: 2007-10-09)
		Without deciding whether exigent circumstances had been present, the Louisiana Court of Appeal concluded that the warrantless entry, arrest, and search did not violate the Fourth Amendment of the Federal Constitution because there had been probable cause to arrest petitioner.
		The court, however, declined to decide whether exigent circumstances had been present, because “the evidence required to prove that the defendant possessed cocaine with the intent to distribute, namely the cocaine and the money, was not found in the apartment, but on his person.” Ibid.
		Rather, we reverse the Court of Appeal’s judgment that exigent circumstances were not required to justify the officers’ conduct, and remand for further proceedings not inconsistent with this decision.
	www.freelegalaid.net /html/modules.php?name=News&file=article&sid=19 (1038 words)

	Springdale City Attorney (Site not responding. Last check: 2007-10-09)
		Probable cause is determined by applying a totality of the circumstances test, and exists where the facts and circumstances within the officers’ knowledge and of which they had reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been or is being committed.
		United States, 338 U.S. Exigent circumstances are those requiring immediate aid or action, and, while there is no definite list of what constitutes exigent circumstances, several established examples include the risk of removal or destruction of evidence, danger to the lives of police officers, or others, and the hot pursuit of the suspect.
		Having upheld the trial judge’s ruling on exigent circumstances to enter the home, the Arkansas Supreme Court reversed the Arkansas Court of Appeals decision, and affirmed the trial court’s ruling, and therefore Baird’s conviction of attempted murder and sentence of 30 years in prison was upheld.
	www.springdaleark.org /cosa/article_3.4.htm (1604 words)

	State v. Blank (02/27/2004) sp-5783
		Schmerber held that the exigencies posed by serious accidents in combination with the rapid dissipation of alcohol in the bloodstream justified the officer's failure to obtain a warrant in that case: The officer in the present case.
		As to the latter it is clear that no case-by-case examination of exigent circumstances is required.53 Because this categorical treatment of the exigency requirement is valid with respect to subsection.031(a), such treatment should likewise be valid when applied to subsection.031(g).
		Lerette, 858 S.W.2d 816, 819 (Mo. 1993) (exigent circumstances exist because "the percentage of alcohol in the bloodstream diminishes with time" and "the delay caused by having to obtain a warrant might result in the destruction of evidence"); Commonwealth v.
	www.touchngo.com /sp/html/sp-5783.htm (4114 words)

	1252 (Site not responding. Last check: 2007-10-09)
		Exigent circumstances are those that would cause a reasonable person to believe prompt action is necessary to prevent physical harm to police officers or other persons, the destruction of relevant evidence, the escape of the suspect, or some other consequence improperly frustrating legitimate law enforcement efforts.
		Indeed, it is tantamount to a concession that exigent circumstances were not present.
		We hold the State failed to meet its heavy burden of establishing that exigent circumstances justified the officers' failure to obtain a warrant before removing Logan's purse from the car and searching both it and the interior of the car.
	www.lawlibrary.state.mt.us /dscgi/ds.py/GetRepr/File-17514/html (1642 words)

	21 Wn. App. 318, STATE v. CARSON
		The presence of exigent circumstances may justify an immediate forced entry by police officers without compliance with the requirements of the knock and wait rule (RCW 10.31.040).
		The presence or absence of exigent circumstances sufficient to constitute an exception to the knock and wait rule is a factual determination to be made by the trial court in light of the constitutional standards, the credibility of the witnesses, and the reasonableness of the action under the circumstances.
		We reiterate that the reasonableness of a search is in the first instance a substantive determination to be made by the trial court from the facts and circumstances of the case and in the light of the "fundamental criteria" laid down by the Fourth Amendment and in opinions of this Court applying that Amendment.
	www.mrsc.org /mc/courts/appellate/021wnapp/021wnapp0318.htm (1201 words)

	[No title]
		We agree that the State failed to prove exigent circumstances and reverse the denial of Defendant's motion to suppress.
		{11}An "exigent circumstance" is described as "‘an emergency situation requiring swift action to prevent imminent danger to life or serious damage to property, or to forestall the imminent escape of a suspect or destruction of evidence.'" Gomez, 1997-NMSC-006, ¶ 39 (quoting State v.
		Thus, unless an exceptional circumstance otherwise exists, no objectively reasonable basis exists for believing exigent circumstances requiring an immediate warrantless search at a border patrol fixed checkpoint are present unless and until the procedures are established and followed.
	www.supremecourt.nm.org /pastopinion/VIEW/03ca-079.html (2668 words)

	39 Wn. App. 1, STATE v. McINTYRE
		Compliance with RCW 10.31.040, which requires the police to announce their presence and purpose before entering a dwelling to make an arrest, is excused if exigent circumstances are present and compliance would be no more than a useless gesture under the circumstances.
		Court of Appeals: Holding that there was both probable cause to believe the defendant was in the house and exigent circumstances to justify the warrantless entry, the court AFFIRMS the judgment.
		A claim of exigent circumstances must also be scrutinized in view of the alternative of either entering or of guarding the premises while the usual warrant or a telephonic warrant is sought.
	www.mrsc.org /mc/courts/appellate/039wnapp/039wnapp0001.htm (1602 words)

	Converted WP file 23381
		Given the circumstances as shown in the record below, we hold that because the arresting officer lacked probable cause and there were not exigent circumstances, Mr.
		However, this case is not the usual driving under the influence-Byers circumstances of an accident, odor of alcohol at the accident and injuries requiring treatment.
		Although the State maintains that the metabolism of alcohol created an exigent circumstance, the officers did not have reasonable grounds based on their investigation before the arrest to use the metabolism of alcohol as an exigent circumstance.
	www.state.wv.us /WVSCA/docs/fall96/23381.htm (2525 words)

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