Exigent Circumstances Warrantless Search Exception Information
When exigent circumstances exist: imminent destruction of evidence (the police have reason to believe: evidence will be destroyed if they wait for a warrant), hot pursuit of a fleeing suspect (the police are: chasing a suspect who enters a building), threat to public safety (an emergency situation threatens: the safety of the public or a specific person), and emergency aid (the police have reason to believe: a person inside is in need of immediate assistance). Requirements: the officers must have: probable cause (the officers must believe: evidence of a crime will be found), and the exigency must be: genuine and not created by the police (the police may not: manufacture the emergency to avoid the warrant requirement). Scope: the search must be: limited to the scope of the emergency (the officers may not: conduct a general search beyond what is necessary to address the exigent circumstances).
Florida Legal Definition
Exigent circumstances in Florida are governed by the Fourth Amendment, Article I, Section 12 of the Florida Constitution, and Florida case law. Under Florida case law: the exigent circumstances exception allows: warrantless entry when the police have: probable cause and a genuine exigency. Under Florida case law: the determination of exigency is: based on the totality of the circumstances. Under Florida practice: the most common exigent circumstances are: imminent destruction of evidence (drug cases), hot pursuit (the suspect flees into a residence), and emergency aid (screams heard from inside a dwelling). Under Florida case law: police-manufactured exigencies do not justify: warrantless entry (the police may not create the emergency to bypass the warrant requirement: Kentucky v. King).
How It's Used in Practice
Attorneys manage exigent circumstances issues. For defense attorneys: challenge the claimed exigency (argue the circumstances did not justify: a warrantless search), argue the police manufactured the exigency (created the emergency), argue the search exceeded the scope of the emergency, and file a motion to suppress. For prosecutors: present the specific exigent circumstances (the emergency that justified immediate action), demonstrate probable cause, demonstrate the search was limited to the emergency, and argue the exigency was genuine. The attorney advises: exigent circumstances are: a narrow exception; the police must demonstrate: a genuine emergency and probable cause; police-manufactured exigencies are: not valid; challenge every aspect of the claimed emergency.
Key Takeaways
- Exigent circumstances: warrantless search in emergencies.
- Requires: probable cause + genuine exigency.
- Common: evidence destruction, hot pursuit, and emergency aid.
- Police-manufactured exigencies: invalid.
- Search must be limited to scope of emergency.
Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney–client relationship with Barnes Walker, Goethe, Perron, Shea & Johnson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.
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