Emergency Searches

Overview of emergency searches:

  1. General rule. In emergencies, a search may be conducted to render medical aid or prevent personal injury. Mil. R. Evid. 314(i).
    See Brigham City, Utah v. Stuart et al., 547 U.S. 398 (2006). Police may enter a home without a warrant when they have an objectively reasonable basis for believing that an occupant is seriously threatened with such injury.

    1. Michigan v. Fisher, 130 S. Ct. 546, 549 (2009). Officers “do not need ironclad proof of a ‘likely serious, life-threatening’ injury to invoke the emergency aid exception.”
    2. Michigan v. Taylor, 436 U.S. 499 (1978). Entry into burning or recently burnt building is permissible.
    3. United States v. Jacobs, 31 M.J. 138 (C.M.A. 1990). Warrantless entry into accused’s apartment by landlord was permissible because apartment was producing offensive odor because of spoiled food.
    4. United States v. Korda, 36 M.J. 578 (A.F.C.M.R. 1992). Warrantless entry into accused’s apartment was justified by emergency when supervisor thought accused had or was about to commit suicide. I. Searches for Medical Purposes.
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