Index/Topics/Exigent Circumstances

Exigent Circumstances

Exigent circumstances and searches under the Fourth Amendment

Fact-Checks

9 results
Jan 19, 2026
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What legal cases have defined when ICE may enter homes without a judicial warrant?

The Supreme Court has long protected the home against nonconsensual government entry absent a judicial warrant, but it has recognized categorical exceptions—most notably exigent or emergency circumsta...

Jan 17, 2026
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When can ICE enter a home without a judicial warrant under current law and precedent?

Under current law and Supreme Court precedent, the government generally may not make a nonconsensual entry into a home without a judicial warrant; narrowly defined exceptions permit warrantless entry ...

Jan 20, 2026
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What specific facts have courts found sufficient to justify exigent‑circumstance entries by ICE?

Courts have repeatedly held that warrantless entries by law enforcement — and by extension ICE — are defensible under exigent‑circumstance doctrine only when specific, articulable facts create an obje...

Feb 5, 2026

When in your car when can a law enforcement officer forcibly open your door

may forcibly open a car door only when the action is justified by consent, a warrant, probable cause or an exigent (emergency) circumstance such as officer safety or imminent danger; absent one of tho...

Feb 2, 2026

What did Minnesota v. Olson and Steagald v. United States later say about overnight guests and searching third‑party homes after Payton?

held that an overnight guest has a reasonable expectation of privacy in the host’s home sufficient to challenge a and arrest there, extending the protection afforded to homeowners to certain non‑owner...

Feb 2, 2026

What does the Supreme Court’s Payton v. New York decision say about entering homes to make arrests?

(445 U.S. 573 ) holds that, absent , the prohibits police from making a warrantless, nonconsensual entry into a suspect’s home to effect a routine felony arrest, drawing “a firm line at the entrance t...

Jan 23, 2026

How does ICE determine when exigent circumstances justify warrantless searches of US citizens' homes?

) must generally rely on a judicial warrant to enter private homes, but law and agency guidance recognize three narrow paths that can justify warrantless entry: consent, a valid statutory authority fo...

Jan 16, 2026

What legal limitations exist on ICE entering private homes to make arrests?

Federal immigration arrests are constrained by the Fourth Amendment: ICE generally may not force its way into private homes or the non‑public areas of businesses without a judicial (criminal) warrant,...

Jan 10, 2026

What privacy laws and warrants are required for prosecutors to obtain passive viewing records?

Prosecutors seeking "passive viewing records" — video or audio captured by cameras or devices that record without active user interaction — face a patchwork of constitutional standards, federal and st...