What is the emergency doctrine in the context of a search for a suspect?

California, United States of America


The following excerpt is from People v. Dean, 114 Cal.Rptr. 555, 39 Cal.App.3d 875 (Cal. App. 1974):

'(T)he emergency doctrine exists in situations in which there is a substantial threat to life, health or property. Under such circumstances, the officer is excused from ordinary Fourth Amendment restrictions because he is acting to save life or property.' (Carrington v. Superior Court, 31 Cal.App.3d 635, 639, 107 Cal.Rptr. 546, 548.)

The emergency doctrine was applied in Warden v. Hayden, 387 U.S. 294, 87 S.Ct. 1642, 18 L.Ed.2d 782 to justify a police entry into a residence without a warrant and introduction into evidence of certain clothing discovered while looking for a weapon or contraband. Hayden robbed a taxicab company and two cab drivers followed him and observed his entrance into a particular residence. This was radioed to the police who arrived within minutes and entered the residence without a warrant. The court held that the police 'acted reasonably when they entered the house and began to search for a man of the description they had been given and for weapons which he had used in the robbery or might use against them. The Fourth Amendment does not require police officers to delay in the course of an investigation if to do so would gravely endanger their lives or the lives of others. Speed here was essential, and only a thorough search of the house for persons and weapons could have insured that Hayden was the only man present and that the police had control of all weapons which could be used against them or to effect an escape.' (Warden v. Hayden, supra, 387 U.S. 294, 298, 299, 87 S.Ct. 1642, 1646, 18 L.Ed.2d 782, 787.) Thus the emergency doctrine operated to excuse the officers from compliance with

Page 562

Other Questions


When a police officer searches a knapsack of a suspect in a search for drugs, what is the limitation of the search warrant? (California, United States of America)
Can a search warrantless search of the clothing of a suspect subject to a search conducted during a patdown of the person's outer clothing? (California, United States of America)
Does the exclusionary rule apply when an officer acting with objective good faith has obtained a search warrant for the search warrant under the Golden Gate Drive search warrant? (California, United States of America)
What is the test for a search warrant issued by a police officer in the context of search warrant application? (California, United States of America)
What is the test for a search warrant for a suspect's hand to remove an object from the suspect's jacket? (California, United States of America)
How have courts interpreted the inevitable discovery doctrine in the context of search warrant exceptions? (California, United States of America)
How have the courts interpreted the search rules in the context of a search warrant application? (California, United States of America)
What is the test for determining whether a search warrant can be used to determine whether or not a search and seizure of a suspect was unlawful? (California, United States of America)
In what circumstances will the court uphold a search warrant for contraband found in plain sight during a search for additional suspects? (California, United States of America)
Does an anonymous tip to the police from a private investigator who provided information about a suspect lead to the arrest and search of the alleged suspect's home run afoul of the Fourth Amendment? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.