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
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