Exigency and Emergency, Understanding the Warrantless Non-Consensual Home Entry

Jacob Chen, NYU School of Law

Abstract

The Fourth Amendment of the United States protects the right of the people to be secure in their houses against unreasonable searches and seizures. To ensure that the Fourth Amendment is respected by law enforcement, evidence that is seized during an unlawful search could be suppressed and denied admittance into evidence. In many circumstances, law enforcement officials are required to get a warrant before entering into a person’s house when conducting a search or carrying out an arrest. But there are certain circumstances when it is unnecessary for the police to get a warrant. A general umbrella term for the exception to the warrant requirement is the presence of “exigent circumstances”. In New York State, the determination of exigent circumstances vel non necessarily turns upon whether there is an urgent need that justifies a warrantless entry. The Federal Courts have found “urgent need” in a variety of situations including protecting evidence , putting out an ongoing fire , assisting persons who are seriously injured or threatened with such injury. Another, not necessarily independent, exception to the warrant requirement is the existence of an “emergency situation”. A warrantless search that is triggered in response to an emergency situation may not conflict with Fourth Amendment protections. Under New York law, an “emergency situation” relates to the general obligation of police officers to “assist persons whom they reasonably believe to be in distress”. Emergency situations generally fall under the category of police actions pursuant to the “community caretaking doctrine” which involves activity “totally divorced from the detection, investigation, or acquisition of evidence relating to the violation of a criminal statute.” This paper explores the appropriateness of the inclusion of “emergency situations” in the general “exigent circumstance” exception and also suggests the possibility of an alternative community caretaking doctrine.