In the discussion that follows, I argue that exigency in police standoff situations should be governed by the clearer, more common sense rule adopted by the Sixth Circuit - namely that exigency exists due to the inherent danger of a police standoff, and is not negated by the mere passage of time. Part I provides a backdrop for the discussion, presenting an overview of the Supreme Court's jurisprudence on exigency cases. Part II discusses the differing Sixth Circuit and Ninth Circuit approaches to exigency in police standoffs. Part III argues that the better position on exigency in police standoff situations is the Sixth Circuit approach, because it provides a clear rule for police and courts to apply. In the end, courts should give heed to common sense in recognizing that standoffs are inherently dangerous and as / such constitute exigent circumstances.
Elizabeth E. Forbes, Warrantless Arrests in Police Standoffs: A Common Sense Approach to the Exigency Exception, 45 Crim. Law Bulletin 467 (2009).