Mincey v. Arizona
Citation: 437 U.S. 385 (1978)
Facts
After a narcotics officer was shot and killed in Mincey’s apartment, homicide detectives arrived and conducted a four-day warrantless search of the entire apartment, going through drawers, closets, and other personal effects. Arizona argued a “murder scene exception” to the warrant requirement.
Issue
Does the gravity of a homicide investigation create a blanket “murder scene exception” to the warrant requirement?
Holding
No. The Fourth Amendment does not permit a warrantless search of a homicide scene simply because of the seriousness of the crime. While police may secure a murder scene for immediate safety purposes, a thorough investigative search requires a warrant.
Rule
No murder scene exception: The Warrant Clause does not contain an exception for homicide investigations. Police arriving at a crime scene may make a limited entry to render aid and secure the premises, but a lengthy, exploratory search of the premises requires a warrant. The seriousness of the crime is not an exigent circumstance justifying extended warrantless searches.
Significance
- Decisively rejected an emergent “murder scene exception” that some lower courts had adopted
- Police may secure the scene and prevent entry during the time needed to obtain a warrant
- Distinguished from the emergency aid exception: police may enter without a warrant to render emergency assistance to injured persons, but once the emergency is addressed, further searching requires a warrant
- Key limitation on the exigent circumstances doctrine