The USSC and the Emergency Doctrine

The United States Supreme Court had never ruled specifically on the emergency doctrine until about 5 years ago. Now in 2010 we already have another emergency doctrine case at the USSC.


The emrgency doctrine provides that officers may enter premises if they are reasonably entering to save a life or help someone in some kind of danger. The primary motive must normally be to help -- rather than arrest.


A classic example is -- officers get a 911 call from an underage drinking party, where a kid has overdosed and is passed out.


1. So -- First, the 2006 case -- BRIGHAM CITY V STUART, 547 US 398 (2006)


Officers respond to a noisy party call. No one answers at the front door, so officers go around to the back door. From that vantage point the officers see a fight, a melee, in the kitchen with men bouncing off the appliances and spitting blood into the sink, etc.


The officers try to knock and announce -- but to no avail.


So the officers entered and arrested the men.


The United States Supreme Court unanimously ruled that this was an "emergency" entry.


An important side note here is that the Court held that it didn't matter that the officers were also going to arrest people inside -- it still was an emergency doctrine search.



2. The 2010 case is MICHIGAN V FISHER


In this case, neighbors explain to police that Fisher is acting crazy. The police go to Fisher's home. The police notice that the front of his truck is bashed in that, and there is blood on the inside of the truck and on the door knob. They also notice that three windows are broken out.


Fisher is inside the house throwing things about, yelling and swearing.


The officers ask Fisher if he's ok. Fisher tells them to leave unless they have a warrant -- and he yells and swears at them, etc.

The officers enter and ultimately arrest Fisher.

The Court held that the entry was constitutional under the emergency doctrine. (The Court even speculated that Fisher might be throwing things at someone!)

Best -

DA