In general, under the Fourth Amendment, what is the required procedure when police arrive at a residence to serve a warrant? When are these requirements excused? Be sure to provide examples

Question

What will be an ideal response?

Answer 1

Prior to entering private premises with either a search warrant or an arrest warrant, law enforcement officers are obligated to knock, identify themselves, state their purpose, and await a refusal or silence before entering. The existence of exigent circumstances, also known as the emergency search doctrine, also provides a court- recognized exception to the warrant requirement of the Fourth Amendment. It authorizes entry by not only law enforcement officers but also firefighters and emergency medical personnel. Situations that fall under the exigency, or emergency, search doctrine may be classified as follows:
- When an officer has reason to believe that a life may be in jeopardy
- When an officer is in hot pursuit of a person who has committed a crime, or there is danger of escape by criminals
- Now-or-never situations in which evidence or contraband such as drugs will be destroyed or moved to another place before a search warrant can be obtained
Student examples should reflect a thorough understanding of the elements required when serving a search warrant as well as when exigent circumstances are applicable.