SAN DIEGO DISTRICT ATTORNEY The Fourth Amendment and ...

Examples:
Per the California Supreme Court: “We have defined ‘exigent
circumstances’ to include ‘an emergency situation requiring swift
action to prevent imminent danger to life or serious damage to
property . . . .’ (People v. Ramey (1976) 16 Cal.3 rd 263, 276 . . . )
The action must be ‘prompted by the motive of preserving life or
property and [must] reasonably appear to the actor to be necessary
for that purpose.’ (People v. Roberts (1956) 47 Cal.2 nd 374, 377 . .
. )” (People v. Duncan (1986) 42 Cal.3 rd 91, 97.)
“‘[E]xigent circumstances’ means an emergency situation
requiring swift action to prevent imminent danger to life or serious
damage to property, or to forestall the imminent escape of a
suspect or destruction of evidence.” (People v. Panah (2005) 35
Cal.4 th 395, 465.)
To prevent the destruction of evidence. (People v. Huber (1965)
232 Cal.App.2 nd 663; People v. Bennett (1998) 17 Cal.4 th 373,
384-385; People v. Seaton (2001) 26 Cal.4 th 598; United States v.
Ojeda (9 th Cir. 2002) 276, 486, 488.)
The warrantless entry and temporary seizure of a home
while police obtain a search warrant is reasonable where
there exists; (a) probable cause to believe the home
contains evidence, (b) good cause to believe the occupants
unless restrained will destroy the evidence, (c) the method
used is less restrictive to the occupants than detaining them,
and (d) a reasonable period of time is used to obtain a
warrant. (In re Elizabeth G. (2001) 88 Cal.App.4 th 496.)
With “probable cause” to believe that contraband is
contained in a particular residence, and a “reasonable
belief” that if the house is not immediately secured the
evidence will be destroyed, officers may enter to secure the
house pending the obtaining of a search warrant or a
consent to do a complete search. (United States v.
Alaimalo (9 th Cir, 2002) 313 F.3 rd 1188.)
See “Securing the Premises Pending the Obtaining of a
Search Warrant,” below.
To check for other suspects, for the officers’ safety. (United States
v. Ojeda, supra.)
© 2012 Robert C. Phillips. All rights reserved
See “Protective Sweeps,” below.
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