Yes, in most cases. Under Maryland law, if there is a call to 911 or the police see/hear something that appears to be domestic violence, the police have the power and authority to enter the home without a warrant. They may conduct a general search, ask questions of the persons found in the home, and otherwise determine if everyone is “okay.” This is an exception to the general rule. This exception is called “exigent circumstances.” If the police discover evidence of domestic abuse, violence, assault, or some other crime, an arrest may be made, or the police will direct the victim to file charges with the Commissioner.

With respect to any persons arrested, one possible defense to the charges is that the police did not, in fact, have valid exigent circumstances to enter the home without a warrant. If you have been arrested for domestic violence in Waldorf, Maryland, in Charles County, or in any other part of Southern Maryland, call the experienced and courtroom-proven Maryland criminal defense lawyers at the Law Office of Robert Castro. Call us at (301) 870-1200. We are available around the clock, 24/7, and we have offices in Waldorf, Maryland. Below is additional information about exigent circumstances.

With respect to entering a home without a warrant, the general rule is that the police cannot enter a home or dwelling place without a warrant issued by a Maryland criminal court judicial officer. “Exigent circumstances” is one of several exceptions to the general rule. Exigence circumstances may also be thought of as an “emergency situation.” If the police officers hear screams, shouting, gunshots, or other noises that indicate violence, the police can respond immediately to what may be an emergency. Under Maryland criminal law, 911 calls, screams, gunshots, and/or noises give the police “probable cause” to investigate the possibility that a crime has been committed, is being committed, or is about to be committed. The exigent circumstances allow the police to enter the home immediately. The policy justification is that the police have the right and obligation to save someone who is in danger of life or limb. Exigent circumstances may also exist if there is a danger that evidence will be destroyed or that suspects may escape/evade police capture. Because of the emergency, there is a lack of time to obtain a warrant.

Note that there is a link between the exigent circumstances and the required probable cause. To satisfy the exception to the warrant-is-required rule, there must be exigent circumstances AND probable cause. This is why an experienced Maryland criminal defense attorney might be able to exclude evidence collected during a warrantless search. Winning that argument often leads to acquittal or dismissal of the charges.

Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 870-1200. We are Waldorf, MD, Criminal Defense lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.