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Emergency Entries to Arrest - Developments Since Payton Conclusion

NCJ Number
99455
Journal
FBI Law Enforcement Bulletin Volume: 54 Issue: 7 Dated: (1985) Pages: 26-31
Author(s)
M T Johnson
Date Published
1985
Length
6 pages
Annotation
In the second part of an examination of the U.S. Supreme Court decisions and other case law on warrantless searches, this article discusses four factors which are deemed as exigent circumstances justifying such searches.
Abstract
The hot pursuit doctrine, established in United States v. Haynie, holds that warrantless entry and search are justified when speed is essential to prevent the escape of the suspect. Also held in this and subsequent decisions was the justifiability of warrantless entry in cases when the suspect posed a danger to the arresting officers or the public. In jurisdictions where it is possible to obtain warrants by telephone, courts have examined prior efforts to obtain a warrant and time needed in determining the exigency of the circumstances. Finally, courts have examined the nature and the origin of the exigency. The courts have held that a warrantless search or entry is not justified in cases where the exigency was created by the Government itself. Consequently, law enforcement officers should avoid the appearance that they created an exigency in an attempt to enter private premises without a warrant. In the aftermath of the Payton and Steageld decisions, there was considerable concern about the impact of the warrant requirement, even though the U.S. Supreme Court noted in Steageld that few circumstances would require search warrants because of the presence of exigent circumstances. The cases examined here confirm that view and delineate the factors which courts have considered in justifying warrantless entries. Included are 32 footnotes.