exigent circumstances exception in New Hampshire

14 New Hampshire opinions name it 1 courts 1974–2018 0 in the last five years

The cases below were cited by New Hampshire courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (17)

Case	Followed	Cited
State v. Santanagreen nh · 1991 · cited in 3 New Hampshire opinions naming this issue, 2006–2016 2 sentences 2016Id. at 799-800, 807 . 2006Id. at 798 ; Santana, 133 N.H. at 803 . *201 Here the trial court determined that “[b]ecause there were several people in the house, any of who [sic] could have removed the defendant’s gun before a search warrant was obtained,... that exigent circumstances justified] the officers’ warrantless search of the defendant’s room and seizure of the rifle therein.” We are not convinced that this situation was sufficiently exigent to justify the entry into the defendant’s locked bedroom and seizure of the rifle under the exigent circumstances exception.	1	3
State v. Sterngreen nh · 2004 · cited in 2 New Hampshire opinions naming this issue, 2007–2018 2 sentences 2018See State v. Stern , 150 N.H. 705 , 708, 846 A.2d 64 (2004) (describing the exigent circumstances exception to the warrant requirement); see also State v. Gilson , 116 N.H. 230 , 233, 356 A.2d 689 (1976) (holding that "[a]n officer with sufficient experience to recognize the odor of burning marijuana has probable cause to suspect its presence when he detects the odor within the confines of an automobile"); cf. State v. Cora , 170 N.H. 186 , 196, 167 A.3d 633 (2017) (holding that the police do not need a warrant to enter a vehicle that has been stopped in transit pursuant to a lawful stop when 2018See State v. Stern , 150 N.H. 705 , 708, 846 A.2d 64 (2004) (describing the exigent circumstances exception to the warrant requirement); see also State v. Gilson , 116 N.H. 230 , 233, 356 A.2d 689 (1976) (holding that "[a]n officer with sufficient experience to recognize the odor of burning marijuana has probable cause to suspect its presence when he detects the odor within the confines of an automobile"); cf. State v. Cora , 170 N.H. 186 , 196, 167 A.3d 633 (2017) (holding that the police do not need a warrant to enter a vehicle that has been stopped in transit pursuant to a lawful stop when	1	2
State v. Gilsongreen nh · 1976 · cited in 1 New Hampshire opinions naming this issue, 2018–2018 2 sentences 2018See State v. Stern , 150 N.H. 705 , 708, 846 A.2d 64 (2004) (describing the exigent circumstances exception to the warrant requirement); see also State v. Gilson , 116 N.H. 230 , 233, 356 A.2d 689 (1976) (holding that "[a]n officer with sufficient experience to recognize the odor of burning marijuana has probable cause to suspect its presence when he detects the odor within the confines of an automobile"); cf. State v. Cora , 170 N.H. 186 , 196, 167 A.3d 633 (2017) (holding that the police do not need a warrant to enter a vehicle that has been stopped in transit pursuant to a lawful stop when 2018See State v. Stern , 150 N.H. 705 , 708, 846 A.2d 64 (2004) (describing the exigent circumstances exception to the warrant requirement); see also State v. Gilson , 116 N.H. 230 , 233, 356 A.2d 689 (1976) (holding that "[a]n officer with sufficient experience to recognize the odor of burning marijuana has probable cause to suspect its presence when he detects the odor within the confines of an automobile"); cf. State v. Cora , 170 N.H. 186 , 196, 167 A.3d 633 (2017) (holding that the police do not need a warrant to enter a vehicle that has been stopped in transit pursuant to a lawful stop when	1	1
United States v. George Dean Martingreen ca2 · 1998 · cited in 1 New Hampshire opinions naming this issue, 2018–2018 1 sentence 2018Thus, "[a] temporary warrantless seizure supported by probable cause is reasonable as long as 'the police diligently obtain[ ] a warrant in a reasonable period of time.' " United States v. Laist , 702 F.3d 608 , 613 (11th Cir. 2012) (quoting Illinois v. McArthur , 531 U.S. 326 , 334, 121 S.Ct. 946 , 148 L.Ed.2d 838 (2001) ); see United States v. Martin , 157 F.3d 46 , 54 (2d Cir. 1998) (explaining that "even a seizure based on probable cause is unconstitutional if police act with unreasonable delay in securing a warrant").	1	1
State of New Hampshire v. John A. Smithgreen nh · 2014 · cited in 1 New Hampshire opinions naming this issue, 2017–2017 2 sentences 2017See Smith , 166 N.H. at 44 , 86 A.3d 114 . 2017See Smith , 166 N.H. at 44 , 86 A.3d 114 .	1	1
State v. Sterndalegreen nh · 1995 · cited in 1 New Hampshire opinions naming this issue, 2017–2017 2 sentences 2017Id. at 446, 449 , 656 A.2d 409 . 2017Id. at 446, 449 , 656 A.2d 409 .	1	1
State v. Rodriguezgreen nh · 2008 · cited in 1 New Hampshire opinions naming this issue, 2016–2016 1 sentence 2016“Exigent circumstances exist where the police face a compelling need for immediate official action and a risk that the delay caused by obtaining a search warrant would create a substantial threat of imminent danger to life or public safety or likelihood that evidence will be destroyed.” State v. Rodriguez, 157 N.H. 100, 103-04 (2008) (quotations and citation omitted).	1	1
Johnson v. United Statesgreen scotus · 1948 · cited in 1 New Hampshire opinions naming this issue, 2008–2008 2 sentences 2008Johnson v. United States, 333 U.S. 10, 15 (1948). 2008Johnson v. United States, 333 U.S. 10, 15 , 68 S.Ct. 367 , 92 L.Ed. 436 (1948).	1	1
State v. MacElmangreen nh · 2003 · cited in 1 New Hampshire opinions naming this issue, 2006–2006 2 sentences 2006Id. at 798 ; Santana, 133 N.H. at 803 . 201 Here the trial court determined that “[b]ecause there were several people in the house, any of who [sic] could have removed the defendant’s gun before a search warrant was obtained,... that exigent circumstances justified] the officers’ warrantless search of the defendant’s room and seizure of the rifle therein.” We are not convinced that this situation was sufficiently exigent to justify the entry into the defendant’s locked bedroom and seizure of the rifle under the exigent circumstances exception. 2006*State v. MacElman, 149 N.H. 795, 797-98 (2003).	1	1
State v. Wonggreen nh · 1984 · cited in 1 New Hampshire opinions naming this issue, 2004–2004 1 sentence 2004See State v. Wong, 125 N.H. 610, 628 (1984) (decided under federal law).	1	1
Commonwealth v. DiGeronimogreen massappct · 1995 · cited in 1 New Hampshire opinions naming this issue, 2001–2001 1 sentence 2001In Com. v. DiGeronimo, 652 N.E.2d 148, 150-51 (Mass. App. Ct. 1995), a case with similar facts, the defendant left the scene of an auto accident and went home.	1	1
State v. Maxfieldgreen nh · 1981 · cited in 1 New Hampshire opinions naming this issue, 1990–1990 2 sentences 1990These include the exigent circumstances exception, see State v. MacDonald, 129 N.H. 13, 20 , 523 A.2d 35, 39 (1986), the plain view exception, see State v. Maguire, 129 N.H. 165, 169 , 523 A.2d 120, 123 (1987), the search incident to arrest exception, see State v. Maxfield, 121 N.H. 103, 105 , 427 A.2d 12, 14 (1981), the inventory search exception, see State v. Farnsworth, 126 N.H. 656, 661-62 , 497 A.2d 835, 838 (1985), and the automobile exception, see State v. Gallant, 133 N.H. 138, 145 , 574 A.2d 385, 390 (1990). 1990These include the exigent circumstances exception, see State v. MacDonald, 129 N.H. 13, 20 , 523 A.2d 35, 39 (1986), the plain view exception, see State v. Maguire, 129 N.H. 165, 169 , 523 A.2d 120, 123 (1987), the search incident to arrest exception, see State v. Maxfield, 121 N.H. 103, 105 , 427 A.2d 12, 14 (1981), the inventory search exception, see State v. Farnsworth, 126 N.H. 656, 661-62 , 497 A.2d 835, 838 (1985), and the automobile exception, see State v. Gallant, 133 N.H. 138, 145 , 574 A.2d 385, 390 (1990).	1	1
State v. MacDonaldgreen nh · 1986 · cited in 1 New Hampshire opinions naming this issue, 1990–1990 2 sentences 1990These include the exigent circumstances exception, see State v. MacDonald, 129 N.H. 13, 20 , 523 A.2d 35, 39 (1986), the plain view exception, see State v. Maguire, 129 N.H. 165, 169 , 523 A.2d 120, 123 (1987), the search incident to arrest exception, see State v. Maxfield, 121 N.H. 103, 105 , 427 A.2d 12, 14 (1981), the inventory search exception, see State v. Farnsworth, 126 N.H. 656, 661-62 , 497 A.2d 835, 838 (1985), and the automobile exception, see State v. Gallant, 133 N.H. 138, 145 , 574 A.2d 385, 390 (1990). 1990These include the exigent circumstances exception, see State v. MacDonald, 129 N.H. 13, 20 , 523 A.2d 35, 39 (1986), the plain view exception, see State v. Maguire, 129 N.H. 165, 169 , 523 A.2d 120, 123 (1987), the search incident to arrest exception, see State v. Maxfield, 121 N.H. 103, 105 , 427 A.2d 12, 14 (1981), the inventory search exception, see State v. Farnsworth, 126 N.H. 656, 661-62 , 497 A.2d 835, 838 (1985), and the automobile exception, see State v. Gallant, 133 N.H. 138, 145 , 574 A.2d 385, 390 (1990).	1	1
State v. Gallantgreen nh · 1990 · cited in 1 New Hampshire opinions naming this issue, 1990–1990 2 sentences 1990These include the exigent circumstances exception, see State v. MacDonald, 129 N.H. 13, 20 , 523 A.2d 35, 39 (1986), the plain view exception, see State v. Maguire, 129 N.H. 165, 169 , 523 A.2d 120, 123 (1987), the search incident to arrest exception, see State v. Maxfield, 121 N.H. 103, 105 , 427 A.2d 12, 14 (1981), the inventory search exception, see State v. Farnsworth, 126 N.H. 656, 661-62 , 497 A.2d 835, 838 (1985), and the automobile exception, see State v. Gallant, 133 N.H. 138, 145 , 574 A.2d 385, 390 (1990). 1990These include the exigent circumstances exception, see State v. MacDonald, 129 N.H. 13, 20 , 523 A.2d 35, 39 (1986), the plain view exception, see State v. Maguire, 129 N.H. 165, 169 , 523 A.2d 120, 123 (1987), the search incident to arrest exception, see State v. Maxfield, 121 N.H. 103, 105 , 427 A.2d 12, 14 (1981), the inventory search exception, see State v. Farnsworth, 126 N.H. 656, 661-62 , 497 A.2d 835, 838 (1985), and the automobile exception, see State v. Gallant, 133 N.H. 138, 145 , 574 A.2d 385, 390 (1990).	1	1
State v. Farnsworthgreen nh · 1985 · cited in 1 New Hampshire opinions naming this issue, 1990–1990 2 sentences 1990These include the exigent circumstances exception, see State v. MacDonald, 129 N.H. 13, 20 , 523 A.2d 35, 39 (1986), the plain view exception, see State v. Maguire, 129 N.H. 165, 169 , 523 A.2d 120, 123 (1987), the search incident to arrest exception, see State v. Maxfield, 121 N.H. 103, 105 , 427 A.2d 12, 14 (1981), the inventory search exception, see State v. Farnsworth, 126 N.H. 656, 661-62 , 497 A.2d 835, 838 (1985), and the automobile exception, see State v. Gallant, 133 N.H. 138, 145 , 574 A.2d 385, 390 (1990). 1990These include the exigent circumstances exception, see State v. MacDonald, 129 N.H. 13, 20 , 523 A.2d 35, 39 (1986), the plain view exception, see State v. Maguire, 129 N.H. 165, 169 , 523 A.2d 120, 123 (1987), the search incident to arrest exception, see State v. Maxfield, 121 N.H. 103, 105 , 427 A.2d 12, 14 (1981), the inventory search exception, see State v. Farnsworth, 126 N.H. 656, 661-62 , 497 A.2d 835, 838 (1985), and the automobile exception, see State v. Gallant, 133 N.H. 138, 145 , 574 A.2d 385, 390 (1990).	1	1
State v. Maguiregreen nh · 1987 · cited in 1 New Hampshire opinions naming this issue, 1990–1990 2 sentences 1990These include the exigent circumstances exception, see State v. MacDonald, 129 N.H. 13, 20 , 523 A.2d 35, 39 (1986), the plain view exception, see State v. Maguire, 129 N.H. 165, 169 , 523 A.2d 120, 123 (1987), the search incident to arrest exception, see State v. Maxfield, 121 N.H. 103, 105 , 427 A.2d 12, 14 (1981), the inventory search exception, see State v. Farnsworth, 126 N.H. 656, 661-62 , 497 A.2d 835, 838 (1985), and the automobile exception, see State v. Gallant, 133 N.H. 138, 145 , 574 A.2d 385, 390 (1990). 1990These include the exigent circumstances exception, see State v. MacDonald, 129 N.H. 13, 20 , 523 A.2d 35, 39 (1986), the plain view exception, see State v. Maguire, 129 N.H. 165, 169 , 523 A.2d 120, 123 (1987), the search incident to arrest exception, see State v. Maxfield, 121 N.H. 103, 105 , 427 A.2d 12, 14 (1981), the inventory search exception, see State v. Farnsworth, 126 N.H. 656, 661-62 , 497 A.2d 835, 838 (1985), and the automobile exception, see State v. Gallant, 133 N.H. 138, 145 , 574 A.2d 385, 390 (1990).	1	1
Wong Sun v. United Statesgreen scotus · 1963 · cited in 1 New Hampshire opinions naming this issue, 1979–1979 1 sentence 1979State v. Thorp, 116 N.H. at 306 , 358 A.2d at 658 , citing Wong Sun v. United States, 371 U.S. 471, 479 (1963); cf. United States v. Ferrara, 539 F.2d 799 (1st Cir. 1976) (warrantless search requires more probable cause). *579 In the present case, it is not our task to review the propriety of the entire sweep search conducted by members of the Manchester Police Department or of their search of stores and apartments other than the one occupied by the defendant.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in New Hampshire. Read the followed side critically anyway.

Also cited on this issue (9)

Case	Cited	Years
Segura v. United States green scotus · 1984 2 sentences 2018See State v. Stern , 150 N.H. 705 , 708, 846 A.2d 64 (2004) (describing the exigent circumstances exception to the warrant requirement); see also State v. Gilson , 116 N.H. 230 , 233, 356 A.2d 689 (1976) (holding that "[a]n officer with sufficient experience to recognize the odor of burning marijuana has probable cause to suspect its presence when he detects the odor within the confines of an automobile"); cf. State v. Cora , 170 N.H. 186 , 196, 167 A.3d 633 (2017) (holding that the police do not need a warrant to enter a vehicle that has been stopped in transit pursuant to a lawful stop when 2018See State v. Stern , 150 N.H. 705 , 708, 846 A.2d 64 (2004) (describing the exigent circumstances exception to the warrant requirement); see also State v. Gilson , 116 N.H. 230 , 233, 356 A.2d 689 (1976) (holding that "[a]n officer with sufficient experience to recognize the odor of burning marijuana has probable cause to suspect its presence when he detects the odor within the confines of an automobile"); cf. State v. Cora , 170 N.H. 186 , 196, 167 A.3d 633 (2017) (holding that the police do not need a warrant to enter a vehicle that has been stopped in transit pursuant to a lawful stop when	1	2018–2018
State v. Daniel Jesus Cora green nh · 2017 2 sentences 2018See State v. Stern , 150 N.H. 705 , 708, 846 A.2d 64 (2004) (describing the exigent circumstances exception to the warrant requirement); see also State v. Gilson , 116 N.H. 230 , 233, 356 A.2d 689 (1976) (holding that "[a]n officer with sufficient experience to recognize the odor of burning marijuana has probable cause to suspect its presence when he detects the odor within the confines of an automobile"); cf. State v. Cora , 170 N.H. 186 , 196, 167 A.3d 633 (2017) (holding that the police do not need a warrant to enter a vehicle that has been stopped in transit pursuant to a lawful stop when 2018See State v. Stern , 150 N.H. 705 , 708, 846 A.2d 64 (2004) (describing the exigent circumstances exception to the warrant requirement); see also State v. Gilson , 116 N.H. 230 , 233, 356 A.2d 689 (1976) (holding that "[a]n officer with sufficient experience to recognize the odor of burning marijuana has probable cause to suspect its presence when he detects the odor within the confines of an automobile"); cf. State v. Cora , 170 N.H. 186 , 196, 167 A.3d 633 (2017) (holding that the police do not need a warrant to enter a vehicle that has been stopped in transit pursuant to a lawful stop when	1	2018–2018
United States v. David Bishop Laist green ca11 · 2012 1 sentence 2018Thus, "[a] temporary warrantless seizure supported by probable cause is reasonable as long as 'the police diligently obtain[ ] a warrant in a reasonable period of time.' " United States v. Laist , 702 F.3d 608 , 613 (11th Cir. 2012) (quoting Illinois v. McArthur , 531 U.S. 326 , 334, 121 S.Ct. 946 , 148 L.Ed.2d 838 (2001) ); see United States v. Martin , 157 F.3d 46 , 54 (2d Cir. 1998) (explaining that "even a seizure based on probable cause is unconstitutional if police act with unreasonable delay in securing a warrant").	1	2018–2018
Illinois v. McArthur green scotus · 2001 2 sentences 2018Thus, "[a] temporary warrantless seizure supported by probable cause is reasonable as long as 'the police diligently obtain[ ] a warrant in a reasonable period of time.' " United States v. Laist , 702 F.3d 608 , 613 (11th Cir. 2012) (quoting Illinois v. McArthur , 531 U.S. 326 , 334, 121 S.Ct. 946 , 148 L.Ed.2d 838 (2001) ); see United States v. Martin , 157 F.3d 46 , 54 (2d Cir. 1998) (explaining that "even a seizure based on probable cause is unconstitutional if police act with unreasonable delay in securing a warrant"). 2018Thus, "[a] temporary warrantless seizure supported by probable cause is reasonable as long as 'the police diligently obtain[ ] a warrant in a reasonable period of time.' " United States v. Laist , 702 F.3d 608 , 613 (11th Cir. 2012) (quoting Illinois v. McArthur , 531 U.S. 326 , 334, 121 S.Ct. 946 , 148 L.Ed.2d 838 (2001) ); see United States v. Martin , 157 F.3d 46 , 54 (2d Cir. 1998) (explaining that "even a seizure based on probable cause is unconstitutional if police act with unreasonable delay in securing a warrant").	1	2018–2018
United States v. Maria Beltran green ca1 · 1990 1 sentence 1991The State responds simply that “unforseeability [sic] of exigent circumstances is not an element of the exigent circumstances exception to the warrant requirement.” We take guidance on the issue of foreseeability from a recent First Circuit Court of Appeals case, United States v. Beltran, 917 F.2d 641 (1st Cir. 1990).	1	1991–1991
State v. Theodosopoulos green nh · 1979 2 sentences 1988We also conclude that the exigent circumstances exception to the warrant requirement, State v. Theodosopoulos, 119 N.H. at 580 , 409 A.2d at 1137 , applies in this case, justifying a warrantless entry. 1988We also conclude that the exigent circumstances exception to the warrant requirement, State v. Theodosopoulos, 119 N.H. at 580 , 409 A.2d at 1137 , applies in this case, justifying a warrantless entry.	1	1988–1988
United States v. Dante Ferrara green ca1 · 1976 1 sentence 1979State v. Thorp, 116 N.H. at 306 , 358 A.2d at 658 , citing Wong Sun v. United States, 371 U.S. 471, 479 (1963); cf. United States v. Ferrara, 539 F.2d 799 (1st Cir. 1976) (warrantless search requires more probable cause). *579 In the present case, it is not our task to review the propriety of the entire sweep search conducted by members of the Manchester Police Department or of their search of stores and apartments other than the one occupied by the defendant.	1	1979–1979
State v. Thorp green nh · 1976 2 sentences 1979State v. Thorp, 116 N.H. at 306 , 358 A.2d at 658 , citing Wong Sun v. United States, 371 U.S. 471, 479 (1963); cf. United States v. Ferrara, 539 F.2d 799 (1st Cir. 1976) (warrantless search requires more probable cause). 579 In the present case, it is not our task to review the propriety of the entire sweep search conducted by members of the Manchester Police Department or of their search of stores and apartments other than the one occupied by the defendant. 1979State v. Thorp, 116 N.H. at 306 , 358 A.2d at 658 , citing Wong Sun v. United States, 371 U.S. 471, 479 (1963); cf. United States v. Ferrara, 539 F.2d 799 (1st Cir. 1976) (warrantless search requires more probable cause). 579 In the present case, it is not our task to review the propriety of the entire sweep search conducted by members of the Manchester Police Department or of their search of stores and apartments other than the one occupied by the defendant.	1	1979–1979
State v. Dearborn green nh · 1974 2 sentences 1974In State v. Dearborn, 114 N.H. 457 , 322 A.2d 924 (1974), this court noted that the failure to obtain a warrant at the “’first practicable moment’” does not foreclose justifying a warrantless search under the exigent circumstances exception. 1974In State v. Dearborn, 114 N.H. 457 , 322 A.2d 924 (1974), this court noted that the failure to obtain a warrant at the “’first practicable moment’” does not foreclose justifying a warrantless search under the exigent circumstances exception.	1	1974–1974

Statutes the citing opinions construe

NH § N.H. Rev. Stat. Ann. § 318-B:2 (6)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 134 (1975–2026) PA 118 (1974–2026) OH 113 (1978–2026) CA 83 (1977–2026) WA 72 (1973–2022) NJ 59 (1970–2026) WI 55 (1982–2026) IL 49 (1977–2023) IA 47 (1977–2025) OR 47 (1972–2026) MI 46 (1981–2025) CO 43 (1977–2026) FL 41 (1981–2026) NM 35 (1975–2022) TN 35 (1996–2026) VA 34 (1992–2026) ID 33 (1978–2026) NY 31 (1973–2024) MN 31 (1984–2025) IN 28 (1985–2025) SC 25 (1986–2025) CT 23 (1978–2023) MO 23 (1985–2019) ME 22 (1974–2024) UT 19 (1991–2025) ND 18 (1984–2019) LA 18 (1981–2026) GA 17 (1975–2026) KS 17 (1990–2022) DC 17 (1976–2018) MA 16 (1975–2025) MD 15 (1973–2026) NC 15 (1983–2026) NH 14 (1974–2018) MT 14 (1996–2024) AZ 13 (1984–2018) AL 13 (1976–2015) DE 11 (1974–2026) SD 11 (1978–2021) RI 11 (1983–2026) KY 9 (1979–2025) WV 9 (1985–2023) AR 7 (1992–2005) NV 7 (1989–2025) HI 6 (1981–2002) AK 5 (1993–2009) VT 5 (1982–2023) MS 5 (1997–2026) WY 2 (1987–2017) VI 2 (1984–2012) NE 2 (2015–2024)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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