NCJ Number
131978
Journal
FBI Law Enforcement Bulletin Volume: 60 Issue: 3 Dated: (March 1991) Pages: 26-31
Date Published
1991
Length
6 pages
Annotation
The legality of emergency warrantless searches of personal property is analyzed in terms of the legal standards involved, particularly cases involving warrantless searches based on emergency threats of destruction or removal of evidence.
Abstract
The U.S. Supreme Court and lower courts recognize three threats as providing justification for emergency warrantless searches: (1) danger to life, (2) danger of escape, and (3) danger of destruction or removal of evidence. In cases involving danger to life, the government must be prepared to show that a reasonable person would suspect that prompt action was necessary to protect human life and that the action taken was no more intrusive than necessary to eliminate the suspected threat. The action permissible to prevent the destruction or removal of evidence is substantially less than that allowed to protect life. Thus, warrantless seizures are generally the only action allowed, not warrantless searches of the contents of the effect. In addition, the seizure must often be relatively brief. Therefore, police officers must carefully evaluate the threat presented, apply the appropriate legal standard, and take the minimum action needed. 39 reference notes