Page 107 - Original 2020 Legal Guide By Jack Ryan

Task: Home Entry

Mincey v. Arizona, 437 U.S. 385 (1978); Flippo v. W. Virginia, 528 U.S.

11 (1999).

There is no crime scene exception to the warrant requirement.

• Severity of crime and probable cause are insufficient to justify a

warrantless search where no other exigency exists.

• Unless exigency is clear, officers should obtain a search warrant

before extensively searching a crime scene in a home and seizing

evidence.

• Investigators who enter a homicide scene after it has been

determined that the killer is not present and no other victims are

present, must obtain a search warrant before searching for and

seizing evidence.

©2020 Jack Ryan Legal & Liability Risk Management Institute 106