NCJ Number
175489
Journal
FBI Law Enforcement Bulletin Volume: 67 Issue: 9 Dated: September 1998 Pages: 25-32
Date Published
1998
Length
8 pages
Annotation
This article discusses circumstances under which it is constitutional for police to enter a residence without a warrant.
Abstract
A warrantless intrusion into a residence is constitutionally permissible if the resident gives consent or there are exigent circumstances. Warrantless emergency entries to arrest suspects are permissible when police have reason to believe a suspect is in the area to be entered and: (1) will escape if police do not immediately enter; (2) poses a danger to officers or others; (3) may destroy evidence; or (4) the officers are in hot pursuit of that suspect. The hot pursuit exception requires probable cause and a police chase. The article discusses warrantless entries when officers are not in hot pursuit and when the suspect has committed only a misdemeanor. It also examines court decisions as to what constitutes impermissible creation of an emergency. Generally, the greater the danger to the public, the more reason officers have for not waiting to obtain a warrant. Notes