U.S. V. Santana (1976) Facts Term Paper

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' Because the exigent circumstances exception to the warrant requirement is available in only a few cases, and because there is no certainty that consent will be given every time an entry is sought to arrest a fugitive, it is important that the investigating officers be armed with a warrant ("Expeditious Authorization of Magistrates' Complaints and Warrants in Federal Escape Cases," Case Authority Criminal Resource Manual 1811, October 1997)

Reasoning of the court: The Court upheld the search as constitutional. Chief Justice Rehnquist referred to the Court's decision in United States v. Watson (1976) and argued that by standing on her porch when the officers arrived, Santana was "not in an area where she had any expectation of privacy," and offered another exigent circumstance that excused the nee for a warrant.

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Since the police had probable cause to arrest and search her at that point, their behavior was consistent with the Court's Watson precedent (the OYEZ Project, United States v. Santana, 427 U.S. 38, 1976). In the case of Watson, the area in question was the defendant's car, where the defendant had presumably the right to expect his privacy. In Watson, the defendant's arrest was deemed unconstitutional because the authorities "had failed to secure an arrest warrant though he had time to do so, and (2) based on the totality of the circumstances (including the illegality of the arrest), respondent's consent to the car search was coerced and thus, invalid," which was not deemed to be matched in the case of Santana, where the porch was a place of public display.....

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