USA v. Robert Dale Holloway - Court of Appeals - 11th Circuit

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$S:\Susan\Dispos\2013\Armstrong Memo 11-1554 and ... - U.S. Courts$

endorsed the authority of police officers to make warrantless entries and searches based on emergency circumstances: We do not question the right of the police to respond to emergency situations. Numerous state and federal cases have recognized that the Fourth Amendment does not bar police officers from making warrantless entries and searches when they reasonably believe that a person within is in need of immediate aid. Similarly, when the police come upon the scene of a homicide they may make a prompt warrantless search of the area to see if there are other victims or if a killer is still on the premises. Cf. Michigan v. Tyler, supra, 436 U.S., at 509-510, 98 S. Ct. at 1950-1951. “The need to protect or preserve life or avoid serious injury is justification for what would be otherwise illegal absent an exigency or emergency.” Wayne v. United States, 115 U.S. App. D.C. 234, 241, 318 F.2d 205, 212 (opinion of Burger, J.). Id. at 392-93, 98 S. Ct. at 2413. The Supreme Court’s endorsement of warrantless searches based on an endangerment to life also is evident in Warden v. Hayden, 387 U.S. 294, 87 S. Ct. 1642 (1967). In Hayden, two taxi drivers reported seeing an armed robber run into a residence at 2111 Cocoa Lane. 387 U.S. at 297, 107 S. Ct. at 1645. Within minutes, police arrived at the house. Id., 107 S. Ct. at 1645. During a search of the premises, the defendant was discovered in an upstairs bedroom and arrested. Id. at 298, 107 S. Ct. at 1645. A shotgun and pistol, located in an adjoining bathroom’s flush tank, were seized. Id., 107 S. Ct. at 1645. Also seized were a jacket and 12
trousers of the type the robber was said to have worn, which were found in the washing machine. Id., 107 S. Ct. at 1645. On appeal, the Supreme Court considered whether the warrantless search of the residence was constitutional. Based on the exigencies of the situation, the Court upheld the search: We agree with the Court of Appeals that neither the entry without warrant to search for the robber, nor the search for him without warrant was invalid. Under the circumstances of this case, “the exigencies of the situation made that course imperative.” McDonald v. United States, 335 U.S. 451, 456, 69 S. Ct. 191, 193, 93 L. Ed. 153. . . . The Fourth Amendment does not require police officers to delay in the course of an investigation if to do so would gravely endanger their lives or the lives of others. Speed here was essential, and only a thorough search of the house for persons and weapons could have insured that Hayden was the only man present and that the police had control of all weapons which could be used against them or to effect an escape. 387 U.S. at 298-99, 87 S. Ct. at 1645-46. Following the reasoning of the Supreme Court, numerous federal and state courts have upheld warrantless emergency entries and searches based on endangerment to life. See, e.g., United States v. Hughes, 993 F.2d 1313 (7th Cir. 1993) (report of woman and child in danger in crack house); United States v. Gillenwaters, 890 F.2d 679 (4th Cir. 1989) (stabbing victim); United States v. Martin, 781 F.2d 671 (9th Cir. 1985) (explosion in apartment); Mann v. Cannon, 731 F.2d 54 (1st Cir. 1984) (open access to controlled substances by children); 13
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USA v. Robert Dale Holloway - Court of Appeals - 11th Circuit

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