exigent circumstances doctrine in Delaware

11 Delaware opinions name it 3 courts 1974–2026 4 in the last five years

The cases below were cited by Delaware 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 (10)

Case	Followed	Cited
Lopez-Vazquez v. Stategreen del · 2008 · cited in 4 Delaware opinions naming this issue, 2015–2026 2 sentences 2026See also Lopez- Vazquez, 956 A.2d at 1291-92 (acknowledging that “taint may be purged” from evidence pursuant to the independent source doctrine). 79 See Cook, 374 A.2d 264 (applying the inevitable discovery doctrine to possibly tainted evidence). 80 See Garnett, 308 A.3d 625 (applying the attenuation doctrine to tainted evidence). 81 See Patrick, 227 A.2d 486 (applying the exigent circumstances doctrine to tainted evidence). 82 See Guererri v. State, 922 A.2d 403 (Del. 2007) (applying the emergency doctrine to tainted evidence). 83 See, e.g., Cook, 374 A.2d 264 (applying the inevitable discov 2026See also Lopez- Vazquez, 956 A.2d at 1291-92 (acknowledging that “taint may be purged” from evidence pursuant to the independent source doctrine). 79 See Cook, 374 A.2d 264 (applying the inevitable discovery doctrine to possibly tainted evidence). 80 See Garnett, 308 A.3d 625 (applying the attenuation doctrine to tainted evidence). 81 See Patrick, 227 A.2d 486 (applying the exigent circumstances doctrine to tainted evidence). 82 See Guererri v. State, 922 A.2d 403 (Del. 2007) (applying the emergency doctrine to tainted evidence). 83 See, e.g., Cook, 374 A.2d 264 (applying the inevitable discov	4	4
Patrick v. Stategreen del · 1967 · cited in 4 Delaware opinions naming this issue, 1974–2026 2 sentences 2026See also Lopez- Vazquez, 956 A.2d at 1291-92 (acknowledging that “taint may be purged” from evidence pursuant to the independent source doctrine). 79 See Cook, 374 A.2d 264 (applying the inevitable discovery doctrine to possibly tainted evidence). 80 See Garnett, 308 A.3d 625 (applying the attenuation doctrine to tainted evidence). 81 See Patrick, 227 A.2d 486 (applying the exigent circumstances doctrine to tainted evidence). 82 See Guererri v. State, 922 A.2d 403 (Del. 2007) (applying the emergency doctrine to tainted evidence). 83 See, e.g., Cook, 374 A.2d 264 (applying the inevitable discov 2026See also Lopez- Vazquez, 956 A.2d at 1291-92 (acknowledging that “taint may be purged” from evidence pursuant to the independent source doctrine). 79 See Cook, 374 A.2d 264 (applying the inevitable discovery doctrine to possibly tainted evidence). 80 See Garnett, 308 A.3d 625 (applying the attenuation doctrine to tainted evidence). 81 See Patrick, 227 A.2d 486 (applying the exigent circumstances doctrine to tainted evidence). 82 See Guererri v. State, 922 A.2d 403 (Del. 2007) (applying the emergency doctrine to tainted evidence). 83 See, e.g., Cook, 374 A.2d 264 (applying the inevitable discov	3	4
Jones v. Stategreen del · 1999 · cited in 2 Delaware opinions naming this issue, 2015–2022 2 sentences 2022A, at 6:00–6:25. 30 Id. 31 Id. at 6:52–6:53. 32 Jones v. State, 745 A.2d 856, 873 (Del. 1999) 33 See Lopez-Vazquez v. State, 956 A.2d 1280, 1292 (Del. 2008) (“[T]aint may be purged and the evidence may be admissible through one of the doctrinal exceptions to the exclusionary rule, such as the independent source doctrine, the inevitable discovery doctrine, the exigent circumstances doctrine, and the attenuation doctrine.”). 34 The inevitable discovery doctrine was explained in Garnett I. 2015It provides for the exclusion from trial of any evidence recovered or derived from an illegal search and seizure.”42 However, the Delaware Supreme Court has recognized occasions where “official misconduct should not fatally taint evidence that would have been discovered absent that official misconduct.” 43 Rather, “taint may be purged and the evidence may be admissible through one of the doctrinal exceptions to the exclusionary rule, such as the independent source doctrine, the inevitable discovery doctrine, the exigent circumstances doctrine, and the attenuation doctrine.” 44 Delaware accepts	2	2
Cook v. Stategreen del · 1977 · cited in 2 Delaware opinions naming this issue, 2015–2026 2 sentences 2026See also Lopez- Vazquez, 956 A.2d at 1291-92 (acknowledging that “taint may be purged” from evidence pursuant to the independent source doctrine). 79 See Cook, 374 A.2d 264 (applying the inevitable discovery doctrine to possibly tainted evidence). 80 See Garnett, 308 A.3d 625 (applying the attenuation doctrine to tainted evidence). 81 See Patrick, 227 A.2d 486 (applying the exigent circumstances doctrine to tainted evidence). 82 See Guererri v. State, 922 A.2d 403 (Del. 2007) (applying the emergency doctrine to tainted evidence). 83 See, e.g., Cook, 374 A.2d 264 (applying the inevitable discov 2026See also Lopez- Vazquez, 956 A.2d at 1291-92 (acknowledging that “taint may be purged” from evidence pursuant to the independent source doctrine). 79 See Cook, 374 A.2d 264 (applying the inevitable discovery doctrine to possibly tainted evidence). 80 See Garnett, 308 A.3d 625 (applying the attenuation doctrine to tainted evidence). 81 See Patrick, 227 A.2d 486 (applying the exigent circumstances doctrine to tainted evidence). 82 See Guererri v. State, 922 A.2d 403 (Del. 2007) (applying the emergency doctrine to tainted evidence). 83 See, e.g., Cook, 374 A.2d 264 (applying the inevitable discov	1	2
Illinois v. Gatesgreen scotus · 1983 · cited in 1 Delaware opinions naming this issue, 2026–2026 2 sentences 2026The Supreme Court of Delaware has long-recognized exceptions to Delaware’s state exclusionary rule.76 In some instances, Delaware has even adopted exceptions before they entered federal jurisprudence.77 To date, the Supreme Court 74 Leon, 468 U.S. at 907 n.6 (acknowledging that any “rule of evidence that denies the jury access to clearly probative evidence and reliable evidence must bear a heavy burden of justification, and must be carefully limited to the circumstances in which it will pay its way by deterring official unlawlessness.” (quoting Illinois v. Gates, 462 U.S. 213, at 257-58 (1983) 2026The Supreme Court of Delaware has long-recognized exceptions to Delaware’s state exclusionary rule.76 In some instances, Delaware has even adopted exceptions before they entered federal jurisprudence.77 To date, the Supreme Court 74 Leon, 468 U.S. at 907 n.6 (acknowledging that any “rule of evidence that denies the jury access to clearly probative evidence and reliable evidence must bear a heavy burden of justification, and must be carefully limited to the circumstances in which it will pay its way by deterring official unlawlessness.” (quoting Illinois v. Gates, 462 U.S. 213, at 257-58 (1983)	1	1
Guererri v. Stategreen del · 2007 · cited in 1 Delaware opinions naming this issue, 2026–2026 2 sentences 2026See also Lopez- Vazquez, 956 A.2d at 1291-92 (acknowledging that “taint may be purged” from evidence pursuant to the independent source doctrine). 79 See Cook, 374 A.2d 264 (applying the inevitable discovery doctrine to possibly tainted evidence). 80 See Garnett, 308 A.3d 625 (applying the attenuation doctrine to tainted evidence). 81 See Patrick, 227 A.2d 486 (applying the exigent circumstances doctrine to tainted evidence). 82 See Guererri v. State, 922 A.2d 403 (Del. 2007) (applying the emergency doctrine to tainted evidence). 83 See, e.g., Cook, 374 A.2d 264 (applying the inevitable discov 2026See also Lopez- Vazquez, 956 A.2d at 1291-92 (acknowledging that “taint may be purged” from evidence pursuant to the independent source doctrine). 79 See Cook, 374 A.2d 264 (applying the inevitable discovery doctrine to possibly tainted evidence). 80 See Garnett, 308 A.3d 625 (applying the attenuation doctrine to tainted evidence). 81 See Patrick, 227 A.2d 486 (applying the exigent circumstances doctrine to tainted evidence). 82 See Guererri v. State, 922 A.2d 403 (Del. 2007) (applying the emergency doctrine to tainted evidence). 83 See, e.g., Cook, 374 A.2d 264 (applying the inevitable discov	1	1
King v. Stategreen del · 2009 · cited in 1 Delaware opinions naming this issue, 2023–2023 1 sentence 2023Our case law supports the conclusion that McClure had reasonable suspicion to search Lloyd’s home.47 The authorized residential search then led to the discovery of the firearm and ammunition that are the basis for Lloyd’s PFBPP and PABPP convictions.48 46 B10–11 (Procedure 7.19 at Part VII.E.1–2). 47 See King v. State, 984 A.2d 1205, 1209 (Del. 2009) (observing that this Court has held that administrative searches of probationers’ homes require only reasonable grounds and holding that the factors in King’s case “combine to form a reasonable basis to suspect that King possessed contraband in vi	1	1
State v. Lashleygreen njsuperctappdiv · 2002 · cited in 1 Delaware opinions naming this issue, 2023–2023 1 sentence 2023See also State v. Lashley, 803 A.2d 139 , 142 14 consistent with Payton v. New York,” and that “[i]n Delaware, absent exigent circumstances, the police must obtain a search warrant before entering a home at anytime — day or night.”47 D.	1	1
State of Delaware v. Parks.green delsuperct · 2014 · cited in 1 Delaware opinions naming this issue, 2015–2015 1 sentence 2015Inevitable Discovery Doctrine The Delaware Supreme Court has recognized exceptions to the warrant requirements where “official misconduct should not fatally taint evidence ...”27 Rather, “taint may be purged and the evidence may be admissible through one of the doctrinal exceptions to the exclusionary rule, such as the independent source doctrine, the inevitable discovery doctrine, the exigent circumstances doctrine, and the attenuation doctrine.”28 Delaware “has long accepted and consistently applied the inevitable discovery exception to the exclusionary rule.”29 This exception provides that	1	1
Gardner v. Stategreen del · 1989 · cited in 1 Delaware opinions naming this issue, 2014–2014 1 sentence 2014Corp. Agnor was pursuing an individual to whom 3 Seward 723 A.2d at 371 (quoting Gardner v. State, 567 A.2d 404, 410 (Del. 1989)). 4 Greer, 2007 WL 442228 , at 2 (citing State v. Wilson, 2001 WL 845749 , at 3 (Del.	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (15)

Case	Cited	Years
Mason v. State green del · 1987 1 sentence 2026See also Lopez- Vazquez, 956 A.2d at 1291-92 (acknowledging that “taint may be purged” from evidence pursuant to the independent source doctrine). 79 See Cook, 374 A.2d 264 (applying the inevitable discovery doctrine to possibly tainted evidence). 80 See Garnett, 308 A.3d 625 (applying the attenuation doctrine to tainted evidence). 81 See Patrick, 227 A.2d 486 (applying the exigent circumstances doctrine to tainted evidence). 82 See Guererri v. State, 922 A.2d 403 (Del. 2007) (applying the emergency doctrine to tainted evidence). 83 See, e.g., Cook, 374 A.2d 264 (applying the inevitable discov	1	2026–2026
Thomas v. State green del · 2010 1 sentence 2026See also Lopez- Vazquez, 956 A.2d at 1291-92 (acknowledging that “taint may be purged” from evidence pursuant to the independent source doctrine). 79 See Cook, 374 A.2d 264 (applying the inevitable discovery doctrine to possibly tainted evidence). 80 See Garnett, 308 A.3d 625 (applying the attenuation doctrine to tainted evidence). 81 See Patrick, 227 A.2d 486 (applying the exigent circumstances doctrine to tainted evidence). 82 See Guererri v. State, 922 A.2d 403 (Del. 2007) (applying the emergency doctrine to tainted evidence). 83 See, e.g., Cook, 374 A.2d 264 (applying the inevitable discov	1	2026–2026
Ways v. State green del · 2018 1 sentence 2026See also Lopez- Vazquez, 956 A.2d at 1291-92 (acknowledging that “taint may be purged” from evidence pursuant to the independent source doctrine). 79 See Cook, 374 A.2d 264 (applying the inevitable discovery doctrine to possibly tainted evidence). 80 See Garnett, 308 A.3d 625 (applying the attenuation doctrine to tainted evidence). 81 See Patrick, 227 A.2d 486 (applying the exigent circumstances doctrine to tainted evidence). 82 See Guererri v. State, 922 A.2d 403 (Del. 2007) (applying the emergency doctrine to tainted evidence). 83 See, e.g., Cook, 374 A.2d 264 (applying the inevitable discov	1	2026–2026
Nix v. Williams green scotus · 1984 1 sentence 2026Nix, 467 U.S. 431 . 14 of Delaware has recognized the following exceptions to the exclusionary rule: the independent source doctrine;78 the inevitable discovery doctrine;79 the attenuation doctrine;80 the exigent circumstances doctrine;81 and the emergency doctrine.82 These exceptions have each been applied to constitutional violations that vary significantly from one another.	1	2026–2026
Taylor v. State green del · 2011 2 sentences 2022A, at 6:00–6:25. 30 Id. 31 Id. at 6:52–6:53. 32 Jones v. State, 745 A.2d 856, 873 (Del. 1999) 33 See Lopez-Vazquez v. State, 956 A.2d 1280, 1292 (Del. 2008) (“[T]aint may be purged and the evidence may be admissible through one of the doctrinal exceptions to the exclusionary rule, such as the independent source doctrine, the inevitable discovery doctrine, the exigent circumstances doctrine, and the attenuation doctrine.”). 34 The inevitable discovery doctrine was explained in Garnett I. 2022A, at 6:00–6:25. 30 Id. 31 Id. at 6:52–6:53. 32 Jones v. State, 745 A.2d 856, 873 (Del. 1999) 33 See Lopez-Vazquez v. State, 956 A.2d 1280, 1292 (Del. 2008) (“[T]aint may be purged and the evidence may be admissible through one of the doctrinal exceptions to the exclusionary rule, such as the independent source doctrine, the inevitable discovery doctrine, the exigent circumstances doctrine, and the attenuation doctrine.”). 34 The inevitable discovery doctrine was explained in Garnett I.	1	2022–2022
Tze Poong Liu v. State green del · 1993 1 sentence 2017From this testimony, the State argued that exigent circumstances existed. 14 Id. (citing Liu v. State, 628 A.2d 1376 . 1382 (Del. 1993)). 7 The exigent circumstances exception to the warrant requirement permits police “to seize an item without a warrant if they have a good faith belief that the item contains evidence that could be destroyed by the time a warrant is available.”15 In determining whether exigent circumstances existed to justify a warrantless seizure, the Court must examine certain factors to determine whether the police actions were reasonable. 16 These factors are (1) the degree	1	2017–2017
Mapp v. Ohio green scotus · 1961 1 sentence 2015It provides for the exclusion from trial of any evidence recovered or derived from an illegal search and seizure.”42 However, the Delaware Supreme Court has recognized occasions where “official misconduct should not fatally taint evidence that would have been discovered absent that official misconduct.” 43 Rather, “taint may be purged and the evidence may be admissible through one of the doctrinal exceptions to the exclusionary rule, such as the independent source doctrine, the inevitable discovery doctrine, the exigent circumstances doctrine, and the attenuation doctrine.” 44 Delaware accepts	1	2015–2015
Wong Sun v. United States green scotus · 1963 1 sentence 2015It provides for the exclusion from trial of any evidence recovered or derived from an illegal search and seizure.”42 However, the Delaware Supreme Court has recognized occasions where “official misconduct should not fatally taint evidence that would have been discovered absent that official misconduct.” 43 Rather, “taint may be purged and the evidence may be admissible through one of the doctrinal exceptions to the exclusionary rule, such as the independent source doctrine, the inevitable discovery doctrine, the exigent circumstances doctrine, and the attenuation doctrine.” 44 Delaware accepts	1	2015–2015
Martin v. State green del · 1981 1 sentence 2015Super. 2014) (citing Cook v. State, 374 A.2d 264 , 267–68 (Del. 1977); Martin v. State, 433 A.2d 1025 (Del. 1981); Rew v. State, 1993 WL 61705 (Del.	1	2015–2015
Seward v. State green del · 1999 1 sentence 2014Corp. Agnor was pursuing an individual to whom 3 Seward 723 A.2d at 371 (quoting Gardner v. State, 567 A.2d 404, 410 (Del. 1989)). 4 Greer, 2007 WL 442228 , at 2 (citing State v. Wilson, 2001 WL 845749 , at 3 (Del.	1	2014–2014
Chambers v. Maroney green scotus · 1970 2 sentences 1979Chambers v. Maroney, 399 U.S. 42 , 90 S.Ct. 1975 , 26 L.Ed.2d 419 (1970). 1979Chambers v. Maroney, 399 U.S. 42 , 90 S.Ct. 1975 , 26 L.Ed.2d 419 (1970).	1	1979–1979
United States v. Jeffers green scotus · 1951 2 sentences 1974Johnson v. United States, 333 U.S. 10 , 68 S.Ct. 367 , 92 L.Ed. 436 (1968); United States v. Jeffers, 342 U.S. 48 , 72 S.Ct. 93 , 96 L.Ed. 59 (1951); United States v. Rubin, 474 F.2d 262 (3 Cir., 1973); United States v. Davis, 461 F.2d 1026 (3 Cir., 1972). 1974Johnson v. United States, 333 U.S. 10 , 68 S.Ct. 367 , 92 L.Ed. 436 (1968); United States v. Jeffers, 342 U.S. 48 , 72 S.Ct. 93 , 96 L.Ed. 59 (1951); United States v. Rubin, 474 F.2d 262 (3 Cir., 1973); United States v. Davis, 461 F.2d 1026 (3 Cir., 1972).	1	1974–1974
Johnson v. United States green scotus · 1948 2 sentences 1974Johnson v. United States, 333 U.S. 10 , 68 S.Ct. 367 , 92 L.Ed. 436 (1968); United States v. Jeffers, 342 U.S. 48 , 72 S.Ct. 93 , 96 L.Ed. 59 (1951); United States v. Rubin, 474 F.2d 262 (3 Cir., 1973); United States v. Davis, 461 F.2d 1026 (3 Cir., 1972). 1974Johnson v. United States, 333 U.S. 10 , 68 S.Ct. 367 , 92 L.Ed. 436 (1968); United States v. Jeffers, 342 U.S. 48 , 72 S.Ct. 93 , 96 L.Ed. 59 (1951); United States v. Rubin, 474 F.2d 262 (3 Cir., 1973); United States v. Davis, 461 F.2d 1026 (3 Cir., 1972).	1	1974–1974
United States v. Kelley Davis A/K/A Tee, in No. 71-1778, and Inez Davis. Appeal of Inez Davis, in No. 71-1779 green ca3 · 1972 1 sentence 1974Johnson v. United States, 333 U.S. 10 , 68 S.Ct. 367 , 92 L.Ed. 436 (1968); United States v. Jeffers, 342 U.S. 48 , 72 S.Ct. 93 , 96 L.Ed. 59 (1951); United States v. Rubin, 474 F.2d 262 (3 Cir., 1973); United States v. Davis, 461 F.2d 1026 (3 Cir., 1972).	1	1974–1974
United States v. Paul Gary Rubin United States of America v. Louis Martin Agnes A/K/A Louis Martin green ca3 · 1973 1 sentence 1974Johnson v. United States, 333 U.S. 10 , 68 S.Ct. 367 , 92 L.Ed. 436 (1968); United States v. Jeffers, 342 U.S. 48 , 72 S.Ct. 93 , 96 L.Ed. 59 (1951); United States v. Rubin, 474 F.2d 262 (3 Cir., 1973); United States v. Davis, 461 F.2d 1026 (3 Cir., 1972).	1	1974–1974

Where else courts name it

TX 133 (1975–2025) PA 115 (1974–2026) OH 106 (1978–2025) CA 82 (1977–2026) WA 71 (1973–2022) NJ 57 (1970–2026) WI 54 (1982–2026) IL 50 (1977–2025) IA 46 (1977–2025) MI 45 (1981–2025) OR 41 (1972–2021) CO 41 (1977–2026) FL 40 (1981–2024) NM 35 (1975–2022) VA 34 (1992–2026) ID 33 (1978–2026) MN 31 (1984–2025) NY 31 (1973–2024) TN 28 (1996–2020) IN 28 (1985–2025) SC 24 (1986–2023) MO 23 (1985–2019) CT 23 (1978–2023) ME 22 (1974–2024) UT 19 (1991–2025) ND 18 (1984–2019) LA 18 (1981–2026) DC 17 (1976–2018) GA 17 (1975–2026) KS 16 (1990–2022) MD 15 (1973–2026) MA 15 (1975–2025) NH 14 (1974–2018) AZ 13 (1984–2018) AL 13 (1976–2015) NC 13 (1983–2024) MT 13 (1996–2024) DE 11 (1974–2026) SD 11 (1978–2021) RI 10 (1983–2025) WV 9 (1985–2023) KY 9 (1979–2025) AR 7 (1992–2005) NV 7 (1989–2025) HI 6 (1981–2002) AK 5 (1993–2009) VT 5 (1982–2023) MS 4 (1997–2017) VI 2 (1984–2012) WY 2 (1987–2017) 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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