How have courts sanctioned warrantless entry under the exigent circumstances exception?

California, United States of America


The following excerpt is from People v. Higgins, 26 Cal.App.4th 247, 31 Cal.Rptr.2d 516 (Cal. App. 1994):

For example, in State v. Greene (1989) 162 Ariz. 431, 784 P.2d 257, the officer entered a residence simply upon seeing the alleged victim of a family dispute at a table inside. There was no evidence the victim was hurt or in imminent danger. Nonetheless, the court sanctioned the warrantless entry under the exigent circumstances exception holding, "[The officer] was dispatched to defendant's residence in response to a 'family fight-domestic violence' call. These calls commonly involve dangerous situations in which the possibility for physical harm or damage escalates rapidly. The immediate presence of the officer is essential. To require an officer to obtain a search warrant before entering a dwelling in response to a domestic violence call would be a meaningless delay that could lead to the occurrence of otherwise preventable violence. [Citation.] The call itself creates

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