The following excerpt is from U.S. v. Cattouse, 846 F.2d 144 (2nd Cir. 1988):
Moreover, even if the agents might have been able to obtain a warrant earlier in the day, their failure to do so at the first opportunity does not bar them from acting on an exigency that arises later. See Cardwell v. Lewis, 417 U.S. 583, 595-96, 94 S.Ct. 2464, 2472, 41 L.Ed.2d 325 (1974) ("the fact that the police might have obtained a warrant earlier does not negate the possibility of a current situation's necessitating prompt police action").
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