Lawfulness of Search of Person or Personal Effects Under Medical Emergency Exception to Warrant Requirement
The medical emergency exception will support a warrantless search of a person or personal effects when the person is found in an unconscious or semiconscious condition and the purpose of the search is to discover evidence of identification and other information that might enhance the prospect of administering appropriate medical assistance. However, if the court finds that the facts do not support a medical emergency, the search is not reasonable and any evidence found will not be admissible. People v. Wright, 804 P.2d 866 (Colo 1991).
The court held that a warrantless search of the defendant's purse, conducted by the police officer while the defendant was under the care of medical personnel and conscious and coherent, was not based on exigent circumstances and thus was constitutionally unreasonable.
Florida Law see,
The need for a search, on the basis of "exigent circumstances," must be readily apparent to the police and so strong that it outweighs the important Fourth Amendment protections provided by the warrant requirement. U.S.C.A. Const. Amend. 4
U.S. v. Brock, 667 F.2d 1311, 9 Fed. R. Evid. Serv. 1686
Absent exigent circumstances, the threshold of a home may not reasonably be crossed without a warrant. U.S. v. Rhiger, 315 F.3d 1283
There is no absolute test for the presence of exigent circumstances to justify a warrantless entry of a home, because such a determination ultimately depends upon the unique facts of each controversy. 17 A.L.R. Digest § 42.1 (2004)
Two factors predominate analysis of warrantless searches and seizures under medical emergency exception: there must be facts which, when objectively analyzed, establish existence of real and immediate danger to life or safety of another; and officer's purpose in conducting search must be to render aid or assistance to endangered person. People v. Wright, 804 P.2d 866. Id.
The emergency aid exception to the warrant requirement does not depend on the officers' subjective intent or the seriousness of any crime they are investigating when the emergency arises; it requires only an objectively reasonable basis for believing that a person within the house is in need of immediate aid. Michigan v. Fisher, 130 S. Ct. 546, 175 L.Ed.2d 410. Id. at Supp. 76.
When is Warrantless Entry of House or Other Building Justified Under "Hot Pursuit" Doctrine
Under the Fourth Amendment, in the absence of exigent circumstances the police may not enter a house or other building without first obtaining a warrant. Hot Pursuit of a fleeing suspect is often cited as an exigent circumstance that will justify warrantless entry. State v. Thomas, 280 Kan. 526.
Florida Law see,
