Because she had walked from the scene, was coherent, and not physically impaired, the court reasoned that the defendant was not in a life-threatening situation. Therefore, it was not reasonable for the rescue personnel and police to believe that the defendant's condition was life threatening, which would establish sufficient exigency to justify a warrantless entry. The court reversed and remanded the case to the district court.
In general, it is apparent that the court is very concerned that the police will use the exigent circumstances exception as a pretext to enter homes in order to discover evidence. Therefore the court will only allow it to be applied in cases where there is a life-threatening situation.
Consequently, in a similar situation involving a motor vehicle crash where the defendant has left the scene, it is critical that you obtain and document as much information about the subject's condition as possible. You also need to note the condition of the scene and any evidence of a life-threatening situation, such as blood, before making a warrantless entry into a home. Also, where there is evidence of possible intoxication in this type of situation, the potential loss of evidence involved may also constitute an exigency that may be argued as justification for the search.
It is important to recognize that this case was a 3-2 decision and the court could reach a different conclusion in many other jurisdictions.
Vitek v. State, 750 N.E.2d 346 (Ind. 2001)-In this case, an ex-wife filed a missing person report on her former husband. The man had suffered from a number of physical disabilities, including obesity, a knee injury, sleep apnea, and a heart problem that required him to use an oxygen machine. Because of these disabilities, he did not leave the house very often.