Legal Definitions - emergency search

An emergency search refers to a specific type of search conducted by law enforcement officials without first obtaining a warrant, which is typically required by the Fourth Amendment of the U.S. Constitution. This exception to the warrant requirement is permissible when there are immediate and compelling circumstances, often called "exigent circumstances," that demand swift action to prevent serious harm, the destruction of evidence, or the escape of a dangerous suspect. The urgency of the situation must be so great that there is no time to reasonably obtain a warrant.

Here are some examples to illustrate this concept:

• Example 1: Preventing Immediate Harm

  Police officers respond to a frantic 911 call reporting screams and sounds of a violent struggle coming from inside a locked apartment. Upon arrival, they hear muffled cries for help and crashing noises. Believing someone is in immediate danger, the officers force entry into the apartment.

  This illustrates an emergency search because the officers acted without a warrant due to the urgent need to prevent serious injury or death. The sounds and calls for help created an immediate and compelling circumstance that justified their entry to protect a person's life, making it impractical and dangerous to wait for a warrant.

• Example 2: Preventing Destruction of Evidence

  During a lawful traffic stop, an officer approaches a vehicle and observes the driver quickly attempting to swallow a small baggie containing what appears to be illegal drugs. The officer immediately opens the car door and intervenes to prevent the driver from ingesting or destroying the evidence.

  This illustrates an emergency search because the officer witnessed an active attempt to destroy evidence. The immediate action was necessary to preserve the potential evidence of a crime, as waiting to obtain a warrant would undoubtedly result in the evidence being consumed or otherwise disposed of.

• Example 3: Hot Pursuit of a Dangerous Suspect

  Following a bank robbery, police officers are in "hot pursuit" of a suspect who is known to be armed. They chase the suspect directly from the bank into a nearby residential building. Without pausing to get a warrant, the officers follow the suspect into the building to apprehend them.

  This illustrates an emergency search because the officers were in continuous, immediate pursuit of a dangerous, armed suspect. The need to apprehend the suspect quickly to prevent their escape and protect public safety, as well as the officers' own safety, created an exigent circumstance that justified entering the building without a warrant.