NCJ Number
58768
Journal
Journal of Criminal Law and Criminology Volume: 70 Issue: 2 Dated: (SUMMER 1979) Pages: 255-269
Date Published
1979
Length
15 pages
Annotation
APPELLATE COURT DECISIONS PERMITTING WARRANTLESS SEARCHES OF PRIVATE HOMES TO PREVENT THE DESTRUCTION OF EVIDENCE ARE EXAMINED AND GUIDELINES TO GOVERN SUCH SEARCHES ARE SUGGESTED.
Abstract
FEDERAL AND STATE COURT DECISIONS INDICATE THE EXISTENCE OF A NEW EXCEPTION TO THE SEARCH WARRANT REQUIREMENTS. THIS EXCEPTION PERMITS POLICE TO ENTER RESIDENCES WITHOUT A WARRANT FOR THE SOLE PURPOSE OF SEIZING EVIDENCE TO PREVENT ITS DESTRUCTION. THE U.S. SUPREME COURT HAS NOT ADDRESSED THE CONSTITUTIONALITY OF THIS EXCEPTION, BUT OTHER COURTS HAVE RELIED ON SUPREME COURT DICTA TO PERMIT WARRANTLESS ENTRIES INTO HOMES TO PREVENT DESTRUCTION OF EVIDENCE. HOMES TRADITIONALLY HAVE BEEN ACCORDED SPECIAL FOURTH AMENDMENT (PRIVACY) PROTECTIONS, WHICH STAND TO BE ERODED BY THE NEW EXCEPTION UNLESS THE COURTS DEVELOP STRICT STANDARDS FOR PERMITTING WARRANTLESS INTRUSIONS. A REASONABLE BALANCE COULD BE STRUCK BETWEEN LAW ENFORCEMENT CONCERNS AND FOURTH AMENDMENT SAFEGUARDS BY PERMITTING WARRANTLESS ENTRIES ONLY IF OFFICERS ACTUALLY WITNESS EVIDENCE BEING DESTROYED, OF IF THE EVIDENCE IS THREATENED WITH IMMINENT DESTRUCTION BY NATURAL CAUSES, BY THE SUSPECT, OR BY A THIRD PARTY. SUCH ENTRIES SHOULD ALSO MEET THE GUIDELINES SET FORTH BY THE THIRD CIRCUIT COURT OF APPEALS IN UNITED STATES V. RUBIN REGARDING THE DEGREE OF URGENCY INVOLVED, THE AMOUNT OF TIME REQUIRED TO OBTAIN A WARRANT, AND OTHER FACTORS. THE COURTS SHOULD ALSO EXAMINE EACH CASE TO DETERMINE THAT POLICE CONDUCT DID NOT CREATE OR ADD TO THE EMERGENCY THAT RESULTED IN THE WARRANTLESS ENTRY. CAREFUL CONSIDERATION SHOULD ALSO BE GIVEN TO THE SCOPE AND DURATION OF THE SEARCH ONCE A VALID WARRANTLESS ENTRY HAS BEEN MADE. SEARCHES COULD REASONABLY BE LIMITED TO THE TIME REQUIRED TO RECOVER THE EVIDENCE (NO LONGER THAN 20 MINUTES) AND TO OBTAIN A WARRANT. (LKM)