NCJ Number
105101
Journal
FBI Law Enforcement Bulletin Volume: 56 Issue: 4 Dated: (April 1987) Pages: 24-30
Date Published
1987
Length
7 pages
Annotation
Federal law enforcement officers who conduct warrantless searches must provide four specific types of factual justifications for warrantless searches conducted to prevent escapes by criminals or the destruction or removal of evidence.
Abstract
Decisions by the U.S. Supreme Court have established that the officers must demonstrate that they believed probable cause to exist that the criminal or evidence they were seeking was located in the place searched. They must also show probable cause of either an emergency threat of escape or destruction of evidence at the time of the search. Moreover, the officer must have had no prior opportunity to obtain a warrant authorizing the search. Finally, the officer must take only the action necessary to eliminate the threat of escape or evidence destruction. In addition to these four conditions, the crime must be serious. Thus, officers who are deciding whether an emergency search is legal must determine the type of threat involved. Next, they must apply the standard that is appropriate to that threat. They must take no more action than necessary to eliminate that threat. The first part of this two-part article discusses the handling of a threat to someone's life. Footnotes.