MBE Rules · Criminal Procedure
Warrant exception — exigent circumstances
The rule
Warrantless entry allowed when (1) emergency (hot pursuit of fleeing felon, imminent destruction of evidence, danger to person), AND (2) probable cause. Officer-created exigency does not justify if officers violated 4A or threatened to.
In plain English
Police can enter without a warrant if there's an urgent situation and they have a good reason to believe a crime is happening. They can't create the emergency themselves by breaking the rules.
Worked example
Officer A hears screams from inside a house and sees smoke. Believing someone is in danger, he enters without a warrant. This is allowed because there's an emergency and probable cause of danger.
Memory hook
Emergencies Excuse Entries: Immediate threat or chase + probable cause. No officer tricks!
The trap
Students think: Any urgency allows entry. Wrong, because probable cause is also needed. The actual test is a true emergency + probable cause without officer misconduct.
How examiners test it
The MBE loves: police chasing suspect, suspect runs into home. Trap: assume entry is always valid. Key: check for probable cause and genuine exigency without police creating it.
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