Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Fourth Amendment

University of Richmond

Series

2009

Articles 1 - 1 of 1

Full-Text Articles in Law

Warrantless Arrests In Police Standoffs: A Common Sense Approach To The Exigency Exception, Elizabeth E. Forbes May 2009

Warrantless Arrests In Police Standoffs: A Common Sense Approach To The Exigency Exception, Elizabeth E. Forbes

Law Student Publications

In the discussion that follows, I argue that exigency in police standoff situations should be governed by the clearer, more common sense rule adopted by the Sixth Circuit - namely that exigency exists due to the inherent danger of a police standoff, and is not negated by the mere passage of time. Part I provides a backdrop for the discussion, presenting an overview of the Supreme Court's jurisprudence on exigency cases. Part II discusses the differing Sixth Circuit and Ninth Circuit approaches to exigency in police standoffs. Part III argues that the better position on exigency in police standoff situations …