Can a police officer in an emergency make a search without a warrant, without consent, and not as an incident to arrest?

California cases, too, have recognized the right of police officers in an emergency to make a search without a warrant, without consent, and not as an incident to arrest. In People v. Roberts (1956), 47 Cal.2d 374, 303 P.2d 721, the officers, suspecting that defendant's automobile had been used in a burglary, went to her apartment and knocked on the door but received no response; they heard moans and groans from within as if someone were in distress. They entered, looked around and found no one, then saw a radio they believed to have been stolen and took its serial number. On the basis of this information, they obtained a search warrant. Later they returned to the apartment, arrested defendant, and seized the radio. The court held the original entry to be lawful, thus the warrant based upon their observations in the apartment was valid. 'Necessity often justifies an action which would otherwise constitute a trespass, as where the act is prompted by the motive of preserving life or property and reasonably appears to the actor to be necessary for that purpose. [Citations.]' (p. 377, 303 P.2d p. 723.) A similar holding

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