Whether a suspect who is barricaded or surrounded by police can 'escape' for purposes of the exigent-circumstances exception to the Fourth Amendment warrant requirement

The other side of the split

Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.

• On the other side · 6th Cir.Ewolski v. City of Brunswick287 F.3d 492

  “City of Brunswick, concluding that surrounding the house and parading an armored vehicle in front of the house were “an intentional application of physical force and show of authority made with the intent of acquiring physical control.'' 287 F.3d 492 , 506 (6th Cir.2002).” — Fisher v. City of San Jose, acknowledging the split

• DiscussedAl-Azzawy

  “Al-Azzawy held that because the defendant "was in his trailer at the time he was surrounded by armed officers, and since he did not voluntarily expose himself to their view or ' control outside his trailer, but only emerged under circumstances of extreme coercion, the arrest occurred while he was still inside his trailer.” Id.” — Fisher v. City of San Jose, acknowledging the split

What the split turns on

Anchor precedents:

Hodari D.499 U.S. 628 ·

Mendenhall ·

Bostick

Doctrines & tests:

exigent-circumstances exception ·

objective 'show of authority' test

Constitutional provisions:

Fourth Amendment