Legal Definitions - mild exigency

A mild exigency refers to a specific circumstance that allows a law enforcement officer to bypass the standard "knock-and-announce" rule when executing a search or arrest warrant at a private residence.

The "knock-and-announce" rule generally requires officers to knock on the door, identify themselves as police, and state their purpose before entering. However, a mild exigency arises when there is a reasonable belief that following this full procedure would create a specific risk, such as:

• The occupants might destroy important evidence.
• The occupants might attempt to escape.
• The occupants might pose a heightened risk of resistance or violence if given advance warning.

In such situations, officers may be justified in entering more quickly to prevent these outcomes, even if the threat is not immediate or extreme enough to constitute a "hot pursuit" or other severe emergency.

Examples of Mild Exigency:

• Scenario 1: Potential Destruction of Evidence

  Police officers have a search warrant for a home suspected of operating an illegal document forgery ring. As they approach the front door, they hear the distinct, rapid whirring sound of a high-capacity paper shredder coming from inside the residence, and through a window, they observe an individual frantically feeding stacks of paper into the machine. This suggests that crucial evidence related to the forgery operation is being actively destroyed.

  How it illustrates mild exigency: The audible shredding and visible destruction of documents create a reasonable belief that evidence is being lost. This "mild exigency" would justify the officers entering the premises without fully completing the knock-and-announce procedure to prevent the complete destruction of the evidence.

• Scenario 2: Risk of Escape or Resistance

  Officers are at the residence of a suspect with an arrest warrant for a serious felony. The suspect has a known history of evading arrest and has previously threatened law enforcement. As officers approach the front door, they see the suspect through a window, looking directly at them, then quickly moving towards a rear exit of the house, which leads to a dense wooded area known for providing good cover for escape.

  How it illustrates mild exigency: The suspect's history of evasion, combined with their observed awareness of the officers and immediate movement towards a known escape route, creates a "mild exigency." A full knock-and-announce might provide the suspect with the critical seconds needed to flee or prepare a confrontation, justifying a more immediate entry to secure the arrest.