From Law Offices of Jason Bassett, P.C. – What Are Exigent Circumstances in New York? explores the narrow but powerful legal doctrine allowing law enforcement to act without a warrant under urgent conditions. In this episode, we break down how exigent circumstances function under New York law and examine real world developments in criminal procedure.
We begin by defining the core concepts: when exigent circumstances allow a warrantless search or arrest, and how that differs from the regular requirement for a search warrant. We then map out the most commonly recognized scenarios—hot pursuit, immediate danger to life or safety, and risk of evidence destruction or concealment—and explain how courts assess whether law enforcement may validly bypass a warrant.
Next, we delve into how New York courts scrutinize such claims. We explore the “totality of the circumstances” approach, how probable cause still plays a role, and the limits on police discretion. Notable cases such as People v. Gokey, Payton v. New York, People v. Jimenez, and People v. McBride are unpacked to show how doctrine is applied in practice and how defense strategies challenge overreach.
Finally, we discuss practical takeaways: when and how defense attorneys file motions to suppress evidence, common arguments against unjustified warrantless searches, and how understanding these legal principles can make a difference in a criminal case. Tune in to arm yourself or your clients with clarity about how exigent circumstances work—and when they should or shouldn’t be used.
Law Offices of Jason Bassett, P.C.
320 Carleton Ave # 4200, Central Islip, NY 11722, United States
(631) 259-6060
https://www.google.com/maps?cid=695024758410642184
