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Purpose of the Doctrine – The Exigent Circumstance Doctrine allows law enforcement officers, federal agents, trained medical practitioners, and firefighters to disregard the 4th Amendment and perform a warrantless breach and search of property in order to fulfil a duty of care.
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Conditions for Use – The doctrine applies under the following circumstances:
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Physical Harm Prevention: When there is a reasonable belief that entry or prompt action is necessary to prevent physical harm to the officers/agents/EMTs/firefighters or other persons.
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Destruction of Evidence: When there is a belief that relevant evidence is about to be destroyed.
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Escape of Suspect: When there is a reasonable belief that a suspect may escape and evade capture.
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Frustration of Legitimate Efforts: When there is concern that law enforcement efforts, medical assistance, or firefighter duties may be improperly frustrated by delay.
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Articulation of Cause – For the Exigent Circumstance Doctrine to be valid, the individual (officer/agent/EMT/firefighter) must be able to articulate a clear cause for why immediate entry or action was necessary to prevent harm, destruction, escape, or frustration of their duty.
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Examples of Valid Exigent Circumstances:
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Example A: Officer A arrives at a domestic disturbance 911 call at an apartment complex. After hearing distressed screaming, smashing, and shouting inside, Officer A believes a female is being physically harmed and deems it necessary to enter the property. He breaks down the door and apprehends the male subject who is assaulting the female.
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Example B: Officer A responds to a 911 call about an infant locked in a hot house. Upon arrival, Officer A hears the infant crying and believes the infant’s life is in immediate danger. Officer A forces entry and finds the infant locked in a hot room, wrapped in a blanket with no ventilation or water.
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Failure to Articulate – If an individual cannot articulate a reasonable cause for utilizing the Exigent Circumstance Doctrine, this will be deemed a violation of the 4th Amendment. As a result:
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Any evidence obtained through an illegitimate search and seizure will be considered inadmissible in court.
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Prosecutors may drop charges or dismiss the case.
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The department may face lawsuits.
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The Supreme Court may rule the use of the doctrine unconstitutional.
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