Search Warrant Exceptions: (7) Medical Emergency

The final search warrant exception that applies to motor vehicles illustrates the crossroads of the police function: to enforce the law and to serve the public. Under the medical emergency exception police officers can search a person and surrounding area if the purpose is to provide aid. 

In this scenario, a person suffering medical distress may be found inside a vehicle. They may be unresponsive, disoriented, or otherwise in distress. If a police officer (1) is actually motivated by the perceived need to render assistance, and (2) a reasonable person in the officer’s position would also believe the person in question was in need of assistance, the officer may conduct a warrantless search. The purpose of the search should be to identify information that may help the officer understand or better diagnose the situation.

Unfortunately, during the execution of the search an officer might also discover evidence of crime or some other contraband. When that occurs it might be likely evidence will be admissible against them in a criminal proceeding. 

Anytime evidence is obtained either by a search warrant or through one of the search warrant exceptions, it is important to have a qualified attorney review the police conduct to ensure no constitutional violations occurred during the investigation. 

This is the final post in the search warrant exception blog series. I hope you learned a thing or two about the law enforcement practices and what I do as a criminal defense attorney!