police4aqi

Police, The Fourth Amendment, Qualified Immunity

Ninth Circuit statement of the law of the emergency exception

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Case: SIDHU v. GARCIA (9th Cir. 2011, not for publication)

In this case, the district court correctly determined that the plaintiffs’ constitutional rights were not violated. The warrantless search was justified by the emergency exception to the Fourth Amendment. The emergency exception is an extension of “police officers’ community caretaking function” because it allows officers to respond to “emergency situations that threaten life or limb” in a timely manner. Hopkins v. Bonvicino, 573 F.3d 752, 763 (9th Cir. 2009). To determine if the emergency exception applies, this court makes a fact-specific inquiry as to whether: “(1) considering the totality of the circumstances, law enforcement had an objectively reasonable basis for concluding that there was an immediate need to protect others or themselves from serious harm; and (2) the search’s scope and manner were reasonable to meet the need.” United States v. Snipe, 515 F.3d 947, 952 (9th Cir. 2008).

Written by Burgers Allday

November 30, 2011 at 4:35 am

Posted in Uncategorized

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