Circuit split · criminal procedure
Whether and how the exigent-circumstances exception to the Fourth Amendment's warrant requirement applies to a prolonged armed standoff
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
- Fisher v. City of San Jose509 F3D 952
Ninth Circuit Court of Appeals · November 20, 2007
“The majority’s decision cannot be squared with the Sixth Circuit’s decision in Bing and thus, creates a clear circuit split on how to analyze exigent circumstances in an armed standoff.” — Acknowledges a circuit split
Empirical analysis of this case →
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.Bing
“In addition, the Sixth Circuit in Bing analyzed the use of alternative means — using pepper gas and a bag phone — for resolving the standoff and found that they did not negate the exigency.” — Fisher v. City of San Jose, acknowledging the split
- Discussed · 6th Cir.O'Brien v. City of Grand Rapids23 F.3d 990
What the split turns on
- Doctrines & tests:
- exigent circumstances exception to the warrant requirement
- Constitutional provisions:
- Fourth Amendment
Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.