Police Entry into Residence Without a Warrant - What is the "Emergency Exception" to the Warrant Requirement? (Part 2)

Posted On: December 10, 2009 by Southern California Criminal Defense Attorney

In general, police must have a warrant before entering a residence. Of course, certain exceptions apply to the general rule which requires a warrant before entry. One such exception is known as the, "emergency exception." The emergency exception is often used by police and prosecutors to justify a warrantless entry. Hiring a Riverside criminal defense attorney who can identify all constitutional violations by the police may mean the difference between jail and freedom in your case.

The emergency exception contains three elements, as follows:

  1. Police must have reasonable grounds to believe that there is an emergency at hand and an immediate need for their assistance for the protection of life or property

  2. The search must not be primarily motivated by intent to arrest and seize evidence

  3. There must be some reasonable basis, approximating probable cause, to associate the emergency with the area or place to be searched United States v. Martinez (2005) 406 F.3d 1160.

If you or someone you love is facing criminal charges in California, contact the experienced Southern California criminal defense attorneys at Wallin & Klarich today at 1-888-280-6839 or www.wklaw.com for a consultation of your case. We can help you.