The National Trial Lawyers | Top 100 Trial Lawyers AVVO Rating 10.0 Superb | Top Attorney Criminal Defense 10 Best 2014-2016 | 3 Years | Client Satisfaction | American Institute of Criminal Law Attorneys WHO'S WHO | Top Professional | Certified 2017 top 100 lawyer ASLA 10 best 2016 client satisfaction| American Institute of personal injury Attorneys Top 10 Attorneys American Jurist Institute 2017 American Jurist Institute Top 10 Attorneys Personal Injury Attorney | Top 10 Attorney And Practice Magazines | 2017
The Kelly Law Firm Law Offices of Kelly & Conte
Call Anytime - Day or Night
610-314-7066 610-314-7066
Visa | Mastercard | American Express | Discover Network
The National Trial Lawyers | Top 100 Trial Lawyers
AVVO Rating 10.0 Superb | Top Attorney Criminal Defense
Nation's Premier | NACDA | Top Ten Ranking 2014
10 Best 2014 | Client Satisfaction Award | American Institute of Criminal Law Attorneys
2016 top 100 lawyer ASLA
10 best 2016 client satisfaction| American Institute of personal injury Attorneys
American Jurist Institute Top 10 Attorneys
Top 10 Attorneys American Jurist Institute 2017

Suppression issues: What are Exigent Circumstances?

Suppression of evidence means that the evidence is not allowed in court.  In search and seizure cases, there is one Suppression issue that arises with great frequency, and that is, when do the police not need a search warrant to enter and search my home. In this blog, we will be exploring various circumstances when the police do not need a search warrant to enter your home.  read about drug crimes Almost all of these instances involve something called exigent circumstances. Exigent circumstances are circumstances where there is something going on in the case such that the police are not required to get a search warrant. Examples of this are the destruction of evidence, safety of other people or the police are engaged in a hot pursuit of an accused.

One such exigent circumstance where the police do not need a search warrant are situations where the need for prompt police action is imperative, either because evidence sought to be preserved is likely to be destroyed or because the officer must protect himself from danger to his person by checking for concealed weapons.

One situation where this has occurred is explained by the Pennsylvania Superior Court in the case of the Commonwealth of PA vs. Anderson. Anonymous tips and suppression  In that case, police detectives, without an arrest warrant or search warrant, went to the defendant's residence after receiving information from witnesses about a stabbing death that the defendant allegedly committed. The detectives identified themselves to the defendant's stepfather and said that they were searching for the defendant in connection with a murder. The stepfather let the police come in and led them to a mattress that had a knife under it. The Superior Court found that the knife should not have been admitted into evidence because it had been seized by the detectives when they did not have a search warrant to enter the house. The Court found that there was no indication at all whereby the police might reasonably have believed that they were confronted with an emergency such that they didn't have time to obtain a search warrant.

No Comments

Leave a comment
Comment Information

Why We Succeed

Preparation.

We prepare every case as if it is going to trial. Our reputation for thorough preparation puts us in a much stronger negotiating position with prosecutors and opposing counsel.

See what our clients are saying...

Experience.

For more than 15 years, people throughout Chester County and the surrounding area have turned to Law Offices of Kelly & Conte for sound legal advice and aggressive representation.

Learn more about our team...

Commitment.

We will not accept a deal simply for the sake of closing your case. We care about your future, and we pursue every available option in an effort to secure the best possible outcome.

View our case results...
Schedule Your Free Consultation

Schedule a Free Case Evaluation

Bold labels are required.

Please note that First AND/OR Last Name, and Email AND/OR Phone are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

West Chester Office
213 W Miner Street #3
West Chester, PA 19382

Phone: 610-314-7066
Fax: 610-436-0628
Map & Directions

Pottstown Office
934 E High St #2
Pottstown, PA 19464

Phone: 610-314-7066
Fax: 610-436-0628
Map & Directions