Page 101 - North Carolina 2020 Legal Guide

Task: Exigent Home Entry

Illinois v. MacArthur, 531 U.S. 326 (2001).

Officers may enter a dwelling without a warrant based on exigent

circumstances when they have probable cause to believe that

evidence of a “jailable” offense will be found in the dwelling to be

searched and exigent circumstances exist to justify the entry.

Minnesota v. Olson, 495 U.S. 91 (1990).

Exigency for purposes of home entry defined:

• Hot pursuit of a fleeing felon.

• Imminent destruction of evidence.

• Need to prevent suspect’s escape.

• Risk of danger to police or others inside or outside the dwelling.

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