Warrantless searches

Key U.S. Supreme Court decisions involving searches without warrants.

Warden v. Hayden (1967)

Police were informed that an armed robbery suspect had entered a residence five minutes before they reached it. The court found police acted responsibly when they entered the house to search for the man. The court ruled that the Fourth Amendment does not require police to delay in the course of an investigation if it would gravely endanger their lives or the lives of others.

Welsh v. Wisconsin (1984)

Police entered a man's home and arrested him after he was seen driving erratically by a witness. Police argued that the circumstance warranted an immediate arrest because the man's blood alcohol was diminishing. However, Wisconsin law at the time made a first DUI offense a noncriminal violation. The Supreme Court ruled police violated the man's Fourth Amendment rights in entering his home and arresting him in a situation that was not life-threatening at the time.

Illinois v. McArthur (2001)

Police prevented a man from entering his home without an accompanying officer for two hours while police obtained a search warrant, believing marijuana was in the house. The court ruled that police were in their rights to temporarily seize the home out of concern that the man would have destroyed evidence had he been allowed back in his home alone.

Brigham City v. Stuart (2006)

Police responded to a loud party and reported hearing shouting when they arrived. Officers saw through a screen door an altercation in the kitchen between four adults and a juvenile. Police entered the home and announced their presence. All involved were arrested. The court ruled that police may enter a home without a warrant if they reasonably believe that an occupant is seriously injured or is immediately threatened with such injury.