The Fourth Amendment protects you from unreasonable searches and seizures. In most situations, police must have a warrant before searching your home or property.
However, there are some exceptions. One key exception involves exigent circumstances, where urgent conditions make it impractical to wait for a warrant.
Below are some common examples where police may act without a warrant.
In pursuit of a suspect
If a suspect flees from law enforcement and enters a private residence, police can follow and enter without a warrant. This is known as hot pursuit. The reasoning is that delaying action could allow the suspect to escape, hide or harm others.
Preventing the destruction of evidence
When officers believe that evidence may be destroyed if they wait for a warrant, they may enter without one. For instance, if police knock on a door and hear people moving quickly or sinks running and toilets flushing, they may believe that illegal substances are being destroyed.
Protection of life
Police can enter a home without a warrant if they believe someone inside is in immediate danger. This includes hearing cries for help, noticing signs of a medical emergency or responding to a 911 call where the caller goes silent.
Whether a warrantless search is legal depends on the specific facts. The courts evaluate each case to determine if the circumstances required immediate action. If not, any evidence found in the search may be ruled inadmissible.
If you have been charged based on a search, you can challenge the procedures used. Seeking legal guidance will help you to do this.
