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Emergency aid doctrine is an exception to the Fourth Amendment, allowing warrantless entry to premises if exigent circumstances make it necessary. [8] A number of exceptions are classified under the general heading of criminal enforcement: where evidence of a suspected crime is in danger of being lost; where the police officers are in hot pursuit; where there is a probability that a suspect ...
Brigham City v. Stuart, 547 U.S. 398 (2006), is a United States Supreme Court case involving the exigent circumstances exception to the Fourth Amendment's warrant requirement. The Court ruled that police may enter a home without a warrant if they have an objectively reasonable basis for believing that an occupant is or is about to be seriously ...
But an officer may make a warrantless entry when “the exigencies of the situation” create a compelling law enforcement need. Kentucky v. King, 563 U.S. 452, 460 (2011). The question presented here is whether the pursuit of a fleeing misdemeanor suspect always—or more legally put, categorically—qualifies as an exigent circumstance.
Law enforcement officers may also conduct warrantless searches in several types of exigent circumstances where obtaining a warrant is dangerous or impractical. Under Terry v. Ohio (1968) police are permitted to frisk suspects for weapons. [130] The Court also allowed a search of arrested persons in Weeks v.
Kentucky v. King, 563 U.S. 452 (2011), was a decision by the US Supreme Court, which held that warrantless searches conducted in police-created exigent circumstances do not violate the Fourth Amendment as long as the police did not create the exigency by violating or threatening to violate the Fourth Amendment.
Missouri v. McNeely, 569 U.S. 141 (2013), was a case decided by United States Supreme Court, on appeal from the Supreme Court of Missouri, regarding exceptions to the Fourth Amendment to the United States Constitution under exigent circumstances.
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Under United States law, hot pursuit is an exigent circumstance that allows police to arrest a criminal suspect on private property without a warrant, which would generally be a violation of the Fourth Amendment prohibition on unreasonable searches, seizures, and arrests.