MBE Rules · Criminal Procedure
Exigent Circumstances
Brigham City / Kentucky v. King
The rule
Warrantless entry is justified by hot pursuit of a fleeing felon, imminent destruction of evidence, or emergency aid — unless police create the exigency by threatening to violate the Fourth Amendment.
In plain English
Exigent circumstances allow law enforcement to enter a property without a warrant when there is an urgent situation that requires immediate action. This can include chasing a suspect, preventing evidence from being destroyed, or providing emergency assistance, but police cannot create these situations themselves through unlawful actions.
Worked example
Police are chasing a suspect who just committed a robbery and see him enter a house. They follow him inside without a warrant to prevent him from destroying evidence. The court finds the warrantless entry justified due to exigent circumstances.
Memory hook
Hot pursuit or imminent danger means no warrant needed!
The trap
Exams often present scenarios where the police's actions create the exigency, misleading students into thinking the entry is justified when it is not.
How examiners test it
This rule typically appears in questions that involve scenarios of police pursuit or emergency situations, often requiring candidates to analyze the legitimacy of the warrantless entry.
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