Legal Definitions - exigent search

An exigent search refers to a search conducted by law enforcement without a warrant, justified by immediate and urgent circumstances that make obtaining a warrant impractical or impossible. These "exigent circumstances" are emergency situations where there is an immediate need to act to prevent harm to individuals, the destruction of evidence, or the escape of a suspect. Without such an emergency, a warrant would typically be required for a lawful search under the Fourth Amendment.

Here are some examples illustrating exigent searches:

• Example 1: Protecting Life and Safety

  Police officers respond to a 911 call reporting screams and sounds of a struggle coming from inside an apartment. Upon arrival, they hear a woman crying for help and what sounds like furniture being thrown. Fearing for the safety of the occupant, the officers immediately force entry into the apartment without waiting for a search warrant.

  This illustrates an exigent search because the immediate threat of serious injury or death to an individual inside the apartment creates an emergency that justifies entering without a warrant. The delay in obtaining a warrant could have catastrophic consequences.

• Example 2: Preventing the Destruction of Evidence

  While conducting surveillance on a suspected drug house from a public street, officers observe through an open window a person inside frantically gathering bags of what appears to be illegal narcotics and attempting to flush them down a toilet. Knowing that the evidence is about to be destroyed, the officers enter the residence without a warrant to secure the drugs.

  This is an exigent search because the officers had a clear and immediate observation of evidence being destroyed. Waiting to obtain a warrant would have resulted in the complete loss of the evidence, thus justifying the warrantless entry.

• Example 3: Hot Pursuit of a Fleeing Suspect

  A suspect commits an armed robbery at a convenience store and flees on foot. Police officers arrive moments later and pursue the suspect, who runs into a nearby residential building and disappears into a specific apartment. The officers, in immediate pursuit, follow the suspect into the apartment without first obtaining a warrant.

  This demonstrates an exigent search under the "hot pursuit" doctrine. The immediate and continuous pursuit of a fleeing felon into a private dwelling creates an exigent circumstance, allowing officers to enter without a warrant to apprehend the suspect and prevent their escape.