Reference no: EM132422486

Question: Describe what exigent circumstances mean and at least 2 examples of when this could apply.

When looking at the Fourth Amendment it states that it protects the rights of the people to be secure in their persons, houses, papers, and personal effects against unreasonable search and seizer and that no warrants shall issue without probable cause (Lewis, 2012). Cornell Law school defines exigent circumstances as a circumstance that would cause a person to believe that entry is necessary to prevent someone from physical harm to law enforcement or other person(s), destruction of evidence, suspect escaping, other efforts that may impede law enforcement efforts (Cornell Law, 2019). We must also keep in mind that exigent circumstances may also occur when the police are in pursuit of a suspect that is fleeing from law enforcement or was involved in criminal activity. For example, the Kentucky v. King case in which the court is trying to decide when the emergency (exigent) circumstance exist and whether or not law enforcement actions can create the exigent circumstance, then allowing the to conduct a search (Warrantless Searches, 2011). Another example is the Missouri v. McNeely court case where the supreme court ruled in favor of Mr. McNeely because officers failed to obtain a warrant before subjecting the individual to a blood test. The Supreme Court also stated that the natural metabolism of blood alcohol does not establish an exigent circumstance that would justify a blood draw without consent (Missouri v. McNeely, 2013)

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