Your home was raided by police, who claimed to have found "proof of a crime." But they didn't have a legal search warrant. Police said that due to "exigent circumstances," they did not require one. Why does that matter? Keep reading to learn more about what this phrase means and how you can fight evidence obtained without a warrant. Then contact Law Office of Michael L. Fell at (949) 585-9055 to request a free legal consultation with an attorney.

What are exigent circumstances?

Situations known as exigent circumstances call for quick or rapid response, typically from law enforcement or federal officials. The Fourth Amendment's requirement that police officers get a valid warrant before conducting a search and seizure may be disregarded in this case.

Exigent circumstances, as defined by courts, exist when a reasonable person would think that immediate action was required so that law enforcement could prevent physical harm, property damage, the eradication of evidence, or a suspect's escape are all examples of criminal acts.

Judges often decide whether there are exigent circumstances after carefully reviewing all the relevant evidence in each instance. Courts use a variety of criteria to assess whether urgent circumstances are present. They often consider all of the relevant data before making a decision.

Among the things that might prompt a judge to rule that there are exigent circumstances include evidence demonstrating probable cause of a crime, the commission of a serious crime, a risk that the evidence will be destroyed, the impossibility of obtaining a search warrant, the fact that a suspect was armed and trying to flee, the need to give emergency aid to a "victim," and the fact that police were actively pursuing a suspect.

In cases of emergency, are search warrants required?

Typically, no. According to a decision by the U.S. Supreme Court, officers may carry out a warrantless search if there are emergency situations. People are protected from unjustified police interference by the Fourth Amendment. As a result, in order to properly conduct a search and take property, police enforcement often requires a valid search warrant.

However, there are certain exceptions to this general norm. The "exigent circumstances exemption" is one such exception. According to this exemption, if there are urgent circumstances, authorities are not required to get a warrant. But keep in mind that even in urgent situations, a warrantless entrance is only legal if there is probable cause.

Can the police seize anything they want in an emergency?

No. While the police are authorized to enter your house without a warrant due to urgent circumstances, they can only confiscate items that are visible to the public. The "plain view doctrine" is used to describe this.

Think about, for instance, the case when police arrive at your house after probable cause that you broke the law and a plausible suspicion that you intended to flush narcotics down the toilet. Your bathroom counter was a legally permissible place for the cops to seize any drug paraphernalia. They could not, however, lawfully check a restroom drawer for proof.

Does the necessity for an arrest warrant have any exceptions?

Yes. In order to legally detain you on the basis of a crime you likely need an arrest warrant, according to law authorities. However, there are exceptions much like with the demand for a search warrant. If the police see you committing a crime, for instance, they can arrest you without a warrant. No matter if you committed a crime or a misdemeanor, this is true.

Additionally, according to the majority of states, if authorities have reason to think you committed a criminal violation, they may detain you without a warrant. In this case, a warrantless arrest is legal even though the police did not see you do the crime.

To learn more, or to request a free legal consultation, contact Law Office of Michael L. Fell at (949) 585-9055 right away.