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NCJRS Abstract

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NCJ Number: 99455 Find in a Library
Title: Emergency Entries to Arrest - Developments Since Payton Conclusion
Journal: FBI Law Enforcement Bulletin  Volume:54  Issue:7  Dated:(1985)  Pages:26-31
Author(s): M T Johnson
Date Published: 1985
Page Count: 6
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
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Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America

NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America
Document: PDF
Language: English
Country: United States of America
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.
Index Term(s): Arrest procedures; Arrest warrants; Judicial decisions; Police legal limitations; Right of privacy; US Supreme Court decisions; Warrantless search
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