Exigency Exception

Question 1

Five main exceptions to Warrant requirement

Answer 1

• exigency
• plain view
• cars
• arrest
• search incident to arrest

Question 2

Under Katz searches without warrants are ________ unless ___

Answer 2

per se unreasonable, exception

Question 3

Exigency exception means ____

Answer 3

PC + no time to get a warrant (prevent harm to officers/others, evidence destruction, suspect escape etc)

Question 4

Brigham City is about ____

Answer 4

emergency aid doctrine

Question 5

Under Brigham City, police can enter home without warrant when _____

Answer 5

objectively reasonable basis to believe occupant seriously injured or imminently threatened with such injury

Question 6

Case about hot pursuit

Answer 6

Warden v. Hayden

Question 7

Hot pursuit is okay if these requirements met

Answer 7

• apprehend suspect/find weapons/look for anyone in home who could be a threat
• immediate sort of circumstance
• PC the D committed crime AND in particular dwelling

Question 8

Hot pursuit is limited to ___

Answer 8

areas where suspect or weapons may be hidden

Question 9

Case about destruction of evidence

Answer 9

Elkins

Question 10

Case about police-related exigency

Answer 10

Kentucky v. King

Question 11

Police created exigency means that as long as the police do not ____, exigency does apply

Answer 11

gain entry by actual or threatened violation of 4A

Question 12

In King, the police ___

Answer 12

caused suspects to attempt to destroy the evidence

Question 13

Mincey rule

Answer 13

when exigency ends, warrantless search must end

Question 14

Mincey facts

Answer 14

police officer shot going into residence, exigency allowed other officers to follow but then 4-day search, never got warrant

Question 15

Mincey holds that there is no _____ to warrant requirement

Answer 15

murder scene exception

Question 16

In Mitchell, the search took place when they ___

Answer 16

opened the door and looked in without PC

Question 17

Mitchell facts (SC of Arkansas)

Answer 17

anon tip from woman dead body on a couch

Question 18

Flippo is about ___

Answer 18

emergency aid

Question 19

Flippo facts

Answer 19

911 call he and wife attacked in cabin, police found dead wife body in cabin and D outside, exhaustive search without warrant

Question 20

Flippo holds that the exigency was ___ and can’t continue after that

Answer 20

making sure people given medical attention and no intruders

Question 21

Warden v. Hayden facts

Answer 21

chase armed robbery suspect and follow into house, open washing machine and find gun

Question 22

Winsor facts (9th circuit)

Answer 22

pursued defendant into 24 room hotel, randomly chose one room

Question 23

Winsor rule

Answer 23

PC for arrest but not PC to search particular room

Question 24

Winsor dissent

Answer 24

emergency aid meant officer could’ve searched each of the rooms

Question 25

Welsh facts

Answer 25

Someone saw drive into ditch then stumble into home. Police entered without warrant

Question 26

Welsh outcome

Answer 26

underlying crime not sever enough to require exigency (DUI non criminal offense in WI)

Question 27

Welsh is the exception to the normal rule that ___

Answer 27

courts rarely account for gravity of the offense

Question 28

Welsh is NOT about ___

Answer 28

hot pursuit (not being chased by police)

Question 29

Lange facts

Answer 29

fails to pull over when signaled to, officer follows into driveway and garage and collects evidence in his garage

Question 30

Lange held that ___

Answer 30

pursuit of suspected misdemeanor doesn't justfy warrantless entry into home without some other factor

Question 31

Elkins facts

Answer 31

saw weed inside building through hole in wall and reason to think suspect knew of police interest, saw a man enter right after detaining colleague outside

Question 32

What is knock and talk

Answer 32

approach home where think drug dealing, knock and try to persuade entry, if don't consent look for paraphernalia in plain view to justify warrantless entry

Question 33

Johnson is about ___

Answer 33

knock and talk (not per se unconstitutional)

Question 34

McNealy held that the _____ is not an exigency that justifies per se exception to warrant requirement

Answer 34

natural metabolization of alcohol in bloodstream resulting in loss of evidence

Question 35

McNealy noted that in years since Schmerber ____ has lessened need for exigency

Answer 35

quicker processing of warrant apps

Question 36

Kentucky v. King facts

Answer 36

smell weed, knock and yell police, police hear noises and suspect evidence destruction

Question 37

King sanctions ____

Answer 37

knock and talk method

Question 38

King says that the police don't violate the 4A when they ___

Answer 38

do things any citizen could do (knock on door)

Question 39

King finds that "threat" is ____

Answer 39

objective (how RP would understand police officer actions) rather than looking into police subjective intent

Question 40

Brigham City facts

Answer 40

called to home with noise complaint and saw people inside holding and punching teen, announced themselves at door but no one responded

Question 41

Brigham City holds that police don't need to wait ___

Answer 41

until serious injury occurs

Question 42

Caniglia rejected ____

Answer 42

idea of community caretaking (warrantless searches for non LE entries)

Question 43

Caniglia was concerned that more lax requirements for caretaking ___

Answer 43

might create incentives in LE cases

Question 44

Four cases about community caretaking

Answer 44

- Bridewell - Erickson - Caniglia - Rohrig

Question 45

Bridewell facts

Answer 45

Neighbor calls about man in isolated cabin, deputies find barn full of weed

Question 46

Bridewell outcome

Answer 46

PC but "no time" factor not met so no exigency

Question 47

Bridewell rule

Answer 47

Evidence suppressed if intrusion comes at the result of community caretaking

Question 48

Erickson facts

Answer 48

saw drag bag full of stuff into backyard, hour later knock, no answer but lift tarp and see weed, go back to get warrant then search`

Question 49

Erickson outcome

Answer 49

not enough evidence to think someone harmed inside house, search was move of the tarp

Question 50

Stanton v Sims held that ___

Answer 50

can be hot pursuit exception if misdemeanor

Question 51

Ryburn facts

Answer 51

went to home of student rumored to have threatened to shoot up school, mom and kid came outside and when police asked if guns, mom ran back inside police followed w/o warrant or consent

Question 52

Ryburn outcome

Answer 52

Reasonably believed needed to enter to avoid injury to themselves and others so didn't need warrant

Question 53

Edmond is about ___

Answer 53

roadblocks

Question 54

Edmond held that a police roadblock designed to ____

Answer 54

catch and punish drug crime not permitted

Question 55

The Edmond court did not overturn precedent permitting police roadblocks with primary purpose ____

Answer 55

other than detecting evidence of ordinary criminal wrongdoing