Chief’s Counsel: Exigent Circumstances: What Is That?

In May 16, 2011, the United States Supreme Court clarified the standard for the “exigent circumstances” exception to the Fourth Amendment. Specifically, the court held that “the exigent circumstances rule applies when the police do not gain entry to premises by means of an actual or threatened violation of the Fourth Amendment.”

The Fourth Amendment establishes two requirements: (1) all searches and seizures must be reasonable; and (2) a warrant may not be issued unless probable cause is properly established and the scope of the authorized search is set out with particularity. The court has established certain reasonable exceptions to the warrant requirement, including the “exigent circumstances” exception that applies when “‘the exigencies of the situation’ make the needs of law enforcement so compelling that [a] warrantless search is objectively reasonable under the Fourth Amendment.” The court has identified several exigencies that may justify a warrantless search of a home, including the need to prevent destruction of evidence.