California, United States of America
The following excerpt is from People v. Chavez, B226610 (Cal. App. 2011):
"'"[W]arrants are generally required to search a person's home or his person unless 'the exigencies of the situation' make the needs of law enforcement so compelling that the warrantless search is objectively reasonable under the Fourth Amendment."' (Brigham City v. Stuart (2006) 547 U.S. 398, 403 [164 L.Ed.2d 650, 126 S.Ct. 1943] (Brigham City).) One such exigency is presented by '"'[t]he need to protect or preserve life or avoid serious injury . . . .'" [Citations.] Accordingly, law enforcement officers may enter a home without a warrant to render emergency assistance to an injured
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occupant or to protect an occupant from imminent injury.' (Ibid) Moreover, '[a]n action is "reasonable" under the Fourth Amendment, regardless of the individual officer's state of mind, "as long as the circumstances, viewed objectively, justify [the] action." [Citation.] The officer's subjective motivation is irrelevant.' (Id. at p. 404.) Our Supreme Court is in accord. '[T]he exigent circumstances doctrine constitutes an exception to the warrant requirement when an emergency situation requires swift action to prevent imminent danger to life. [Citation.] . . . In this regard, "'"[t]here is no ready litmus test for determining whether such circumstances exist, and in each case the claim of an extraordinary situation must be measured by the facts known to the officers."'" [Citation.] Generally, a court will find a warrantless entry justified if the facts available to the officer at the moment of the entry would cause a person of reasonable caution to believe that the action taken was appropriate.' (Rogers, supra, 46 Cal.4th at pp. 1156-1157, italics added.)" (People v. Hochstraser (2009) 178 Cal.App.4th 883, 895.)
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