exigent circumstances

Brigham City v. Stuart

Issues

Whether officers who entered a private home because they believed a fight was occurring inside violated the Fourth Amendment, or are the officers protected under either the emergency aid exception or the exigency exception.

Court below

 

The Fourth Amendment protects an individual’s right to be free from unreasonable government intrusion by prohibiting unlawful searches and seizures without a warrant. Two related exceptions to this rule are relevant in this case: the emergency aid exception and the exigent circumstance exception. This case will help define the type of conduct that must occur in order for an officer to validly invoke either the exigent circumstance or the emergency aid exception. The Court’s decision will help sharpen the line between permissible and impermissible police involvement and define the level of protection individuals continue to have under the Fourth Amendment.

Questions as Framed for the Court by the Parties

1. Does the "emergency aid exception" to the warrant requirement recognized in Mincey v. Arizona, 437 U.S. 385 (1978), turn on an officer's subjective motivation for entering the home?

2. Was the gravity of the "emergency" or "exigency" sufficient to justify, under the Fourth Amendment, the officers' entry into the home to stop the fight?

On July 23, 2001, at approximately 3:00 a.m., four Brigham City, Utah police officers were dispatched to respond to a complaint about a loud party. Brief for Petitioner at 2.

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Caniglia v. Strom

Issues

Does the “community caretaking” exception to the Fourth Amendment’s warrant requirement apply to searches of the home? 

This case asks the United States Supreme Court to determine whether the “community caretaking” exception to the Fourth Amendment’s warrant requirement extends to the home. The community caretaking exception allows for the warrantless seizure of evidence that police find while fulfilling their community caretaker role, which is unrelated to the “detection, investigation, or acquisition of evidence” of criminal activity. Petitioner Edward Caniglia argues that this exception applies only to vehicular searches and seizures, given that the Fourth Amendment affords significantly greater protection to the home over automobiles. Respondents, including the City of Cranston, the police department, and city officials, counter that the community caretaking doctrine applies to the home based on the Fourth Amendment’s reasonableness analysis, which permits warrantless searches and seizures when community safety interests outweigh privacy interests. The outcome of this case will affect the balance between privacy concerns and public safety concerns. The outcome will also affect police incentives in exercising their role as community caretakers.

Questions as Framed for the Court by the Parties

Whether the “community caretaking” exception to the Fourth Amendment’s warrant requirement extends to the home.

On August 20, 2015, Petitioner Edward A. Caniglia (“Caniglia”) was at home with his wife, Kim Caniglia (“Mrs. Caniglia”), at their residence in Cranston, Rhode Island. Caniglia v. Strom at 118–19.

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Acknowledgments

The authors would like to thank Professor John H. Blume for his guidance and insights into this case.

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Case v. Montana

Issues

Do police officers need to show probable cause to enter a home without a warrant to render emergency aid, or is reasonable suspicion that an emergency is occurring sufficient?

Court below

 

This case asks the Supreme Court to determine if police officers violate the Fourth Amendment when they enter a home without a warrant but with a reasonable belief that an emergency is occurring, rather than probable cause. William Trevor Case argues that the framers’ intent and America’s commitment to privacy demand extending the probable cause standard from criminal searches to warrantless entries under the emergency aid exception. In response, the State of Montana argues that the plain text of the Fourth Amendment suggests that probable cause is not required to make a warrantless entry during a potential emergency. The case touches upon important questions regarding the balance between public safety and privacy interests.

Questions as Framed for the Court by the Parties

Whether law enforcement may enter a home without a search warrant based on less than probable cause that an emergency is occurring, or whether the emergency-aid exception requires probable cause.

The Fourth Amendment of the United States Constitution protects citizens against unreasonable searches of their homes. U.S. Const. amend. IV.

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Kentucky v. King

Issues

In emergency circumstances, police may enter and search a private residence without a warrant. Does this exception apply when police create the emergency circumstances through their own lawful action, such as knocking on a door?

 

While pursuing a known drug felon, police officers smelled burning marijuana emanating from behind a closed apartment door. After knocking and announcing themselves, the police heard shuffling within the apartment. Believing that valuable evidence was being destroyed inside, they entered the apartment, found a variety of drugs and drug paraphernalia and arrested Respondent Hollis Deshaun King. King claims that this entry and search violated his Fourth Amendment rights because there was no exigent circumstance which permitted the officers to enter his apartment without a warrant. The Commonwealth of Kentucky asserts that the smell of burning marijuana, in addition to the sounds of shuffling and movement within the apartment, validated the police's warrantless entry. To decide this case, the Supreme Court will have to weigh privacy interests against the need for police officers to safely and effectively perform their duties.

Questions as Framed for the Court by the Parties

When does lawful police action impermissibly "create" exigent circumstances which preclude warrantless entry; and which of the five tests currently being used by the United States Courts of Appeals is proper to determine when impermissibly created exigent circumstances exist?

In October 2005, the police of Lexington-Fayette Urban County, Kentucky performed a “buy bust” operation in which a confidential informant attempted to buy crack cocaine from a suspected drug dealer. See King v. Kentucky, 302 S.W.3d 649, 651 (Ky.

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Lange v. California

Issues

May police officers always enter a home without a warrant when they are pursuing a suspect whom they believe committed a misdemeanor?

This case asks the Supreme Court to weigh the privacy interests of individuals under the Fourth Amendment against the government’s interest in enforcing the law. Petitioner Arthur Lange (“Lange”) was arrested in his garage by a police officer who pursued him for violating traffic laws. Though a police officer with probable cause may generally only enter a home after obtaining a warrant, certain exigent circumstances may justify warrantless home entry, including the pursuit of a felony suspect. The United States, in support of affirmance, argues that this warrantless exception should extend to the pursuit of misdemeanor suspects as a category. Lange and Respondent California, both in support of vacatur, counter that a case-by-case exception is more appropriate given the wide variety of misdemeanor offenses. This case has broad implications for individual privacy interests, public safety, and policing.

Questions as Framed for the Court by the Parties

Whether the pursuit of a person whom a police officer has probable cause to believe has committed a misdemeanor categorically qualifies as an exigent circumstance sufficient to allow the officer to enter a home without a warrant.

In the late evening of October 7, 2016, California Highway Patrol Officer Aaron Weikert observed Petitioner Arthur Gregory Lange (“Lange”) playing music loudly and honking repeatedly while driving. People v. Lange at 2. Officer Weikert began to tail Lange and approached within 500 feet of Lange with no cars in between them. Id. Officer Weikert turned on his overhead lights, signaling his intent to conduct a traffic stop.

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Missouri v. McNeely

Tyler G. McNeely was arrested for drunk driving on October 3, 2010. After McNeely refused a breathalyzer and blood tests, Officer Mark Winder, acting without a warrant, directed hospital personnel to remove blood from McNeely. McNeely asserts that this action violated his Fourth Amendment right to be free from unreasonable searches and seizures. The State of Missouri responds that Winder’s action was constitutional because it fell into the “exigent circumstances” exception to the Fourth Amendment’s warrant requirement because the blood evidence was likely to be destroyed during the time it would take to obtain a warrant. McNeely also argues that bodily integrity is the core of the Fourth Amendment, that warrantless blood draws are unnecessary because other states have required warrants for blood draws and have not encountered difficulties enforcing DUI laws, and that judges and prosecutors overwhelmingly support warrants for blood draws. Missouri responds that blood testing is the best method of obtaining probative, relevant evidence of drunk driving, that blood draws typically involve little risk and pain, and that because alcohol naturally dissipates in a person’s bloodstream, evidence of drunk driving is continually destroyed.

Questions as Framed for the Court by the Parties

Whether a law enforcement officer may obtain a nonconsensual and warrantless blood sample from a drunk driver under the exigent circumstances exception to the Fourth Amendment warrant requirement based upon the natural dissipation of alcohol in the bloodstream.

Issue

Is there an exception to the Fourth Amendment warrant requirement for forcibly drawing bl

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