Exigent Circumstances
Justifications for Warrantless Searches by Police
Government officials may conduct a warrantless search or seizure when emergency justifies the intrusion upon a citizen’s Fourth Amendment rights. The so-called “exigent circumstances” exception to the warrant requirement is really a collection of exceptions, all reflecting the general rule that the Fourth Amendment only prohibits unreasonable governmental action. Courts recognize that in a number of situations, police must respond immediately and without an opportunity to seek prior permission from a judge. The exigent circumstance cases can be divided into two general types: those that involve the enforcement of the criminal law and those that involve the community caretaking function…
