Fugutive?? Runaway juvenile?
Where did you get they were pursuing him?
The article clearly said they were *searching* for a runaway, not pursuing someone.
You bring up an important point that makes exigent circumstances extremely unlikely to apply. Examples:
US v. Mongold, 12-7073 (10th Cir. 2013)-Officers entered a home after the door was opened in response to a knock. The officers smelled marijuana. They forced their way in to prevent the destruction of evidence. The court found the entry was unlawful. Before an officer can, without warrant, enter a home to prevent the destruction of evidence the following criteria must be met:
a. The entry must be based on probable cause.
b. There must be a “serious crime”.
c. The destruction of evidence is likely.
The court determined that lacking probable cause of distribution or trafficking of marijuana, the odor only indicates simple possession, which in Oklahoma where the case originated is a misdemeanor offense. Therefore, the “serious crime” requirement was not met.
U.S. COURT OF APPEALS
–
SEVENTH CIRCUIT (ILLINOIS, INDIANA,
WISCONSIN)
•
U.S. v. Ellis
, 499 F.3d 686 (7thCir. 2007): No probable cause with exigent circumstances in search of home where drugs were discovered, where officers asked defendant to open the door, using the ruse that they were investigating a missing child, broke down the door after hearing movement in the home, and did a protective sweep.
A missing juvenile without a serious crime, no one in danger, and no risk of destruction of vital evidence does not seem to rise to the level that would justify exigent circumstances. The police may have been able to get a judge to issue a search warrant, but since they didn’t try, the court will probably not be kind to them.