In Birchfield, the Court determined that due to a blood test's invasive nature, a blood test to determine alcohol or drug concentrations was not a search incident to arrest and, therefore could not be compelled or criminalized without a warrant or exigent circumstances
Rapid Dissipation of BAC by Itself is an Exigent Circumstance
King the Court broadened the scope of exigent circumstances
when they let a drug conviction stand which was based completely upon evidence discovered in such a dynamic entry into an apartment.
Wisconsin (150) the Supreme Court held that arresting the suspect in his home for a traffic infraction was unconstitutional absent a warrant or exigent circumstances
An exigent circumstance
(warranting recording and retaining the footage) for a police department with specific objectives may be different than what constitutes an exigent circumstance
for an emergency management and homeland security program.
The Supreme Court of Kentucky reversed, stating that the police could not rely on the exigent circumstances
exception if it was reasonably foreseeable that the investigative technique used would result in the exigent circumstances
When a law enforcement officer comes upon a situation where dangerous items may be present and no other exigent circumstance
exists to suggest immediate danger, the public-safety exception to Miranda is not applicable.
82) Recognizing this dichotomy, the Fifth Circuit employs a two-part analysis in determining whether police permissibly or impermissibly created an exigent circumstance
And former Mayor Rudy Giuliani said: "If you're really dealing with an exigent circumstance
, then the president has to act in the best interests of the country.
25) While one could dispute this assessment of what constitutes an exigent circumstance
, clearly this case--the only one of this type Roberts discussed--does not support his claim that the majority rule will somehow prevent police from protecting victims of domestic violence.
Although courts have long recognized the existence of an exigent circumstance
exception to the Fourth Amendment's warrant requirement, the Supreme Court's decisions in Brigham City and Fisher provide much-needed guidance to officers who routinely confront situations, such as those present in these two cases.
24) While this may have a tendency to encourage the police to obtain only an arrest warrant when they should also have a search warrant, they do not gain much from doing so because they will still have to establish probable cause to a magistrate, or an exigent circumstance
, in order to enter the home.
As was discussed above,(132) the probable cause and exigent circumstance
analysis, as ordinarily applied, focuses exclusively on the officers' law enforcement objective.
On appeal, the defendants first assert that the court committed reversible error in refusing to give an Illinois pattern jury instruction on the duty to mitigate damages, and in giving instructions related to careful habits and exigent circumstances
The policies provide that enforcement actions at or focused on sensitive locations such as schools, places of worship, and hospitals should generally be avoided, and that such actions may only take place when (a) prior approval is obtained from an appropriate supervisory official, or (b) there are exigent circumstances
necessitating immediate action without supervisor approval," an ICE memo on "sensitive locations" reads.