Category Archives: Hot pursuit

CA11: Hot pursuit of a misdemeanant into a dwelling is permitted by the 4A

Hot pursuit of a misdemeanant into a dwelling is permitted by the Fourth Amendment, and observation of drugs was valid. United States v. Concepcion, 2018 U.S. App. LEXIS 25001 (11th Cir. Sep. 4, 2018). Defendant’s claim that his confession was … Continue reading

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NJ: “Hot pursuit” into a home to seek an iPhone via the find phone application was unreasonable

“Hot pursuit” into a home to seek an iPhone via the find phone application was unreasonable. Here, however, there was a private search by defendant’s brother, and the exclusionary rule doesn’t apply. State ex rel. J.A., 2018 N.J. LEXIS 713 … Continue reading

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ND: Hot pursuit into a garage to make an arrest was reasonable

Hot pursuit into a garage to make an arrest was reasonable. City of Bismarck v. Brekhus, 2018 ND 84, 2018 N.D. LEXIS 88 (Mar. 22, 2018). Defendant’s second post-conviction petition was essentially an attempt to relitigate his first one on … Continue reading

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IN: Hot pursuit into Kentucky did not violate state constitution

Defendant was more than reasonably suspected of committing a homicide in Indiana, and police got a line on him heading to Kentucky. A vehicle matching the description of his was seen on the nearest bridge to Kentucky shortly thereafter and … Continue reading

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GA: Hot pursuit of a traffic stop over jurisdictional lines not unlawful

Officer’s hot pursuit of a traffic offender into a different state jurisdiction didn’t void the stop. In addition, it was reasonable for the officer to time the stop for more level ground. State v. Charles, 2018 Ga. App. LEXIS 51 … Continue reading

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CA7: Hot pursuit of a purported drug dealer into ptf’s house was valid under Santana

The police approached a young man on the street in an area known for drug trade to talk to him. He “turned on his heels” and fled, with the police in pursuit, right to plaintiffs’ house, past one plaintiff out … Continue reading

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MA: Hot pursuit not justified for civil infraction of possession of MJ; not serious enough offense

“In this case, we consider whether the warrantless entry by police into a residence was justified where the entry was made while chasing the defendant, who fled from police during a stop for a civil infraction of marijuana possession. Concluding … Continue reading

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CA11: Recent murder-robbery made entry into defendant’s house “sufficiently exigent”

The police knew that defendant had “recently” committed an armed robbery and murder, and that he was in his house and armed. They determined to enter and arrest him, and they did. The protective sweep and consent after that was … Continue reading

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AZ: Hot pursuit justified for minor offenses

Police attempted to stop defendant for a vehicle registration violation, but he didn’t stop and gave probable cause to believe he was fleeing the stop. He drove into his private driveway with a police car right behind him and went … Continue reading

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FL: Hot pursuit for misd possession of MJ and nonviolent fleeing does not permit warrantless entry into the home

Hot pursuit for misdemeanor possession of marijuana and nonviolent fleeing does not permit a warrantless entry into the home. State v. Markus, 2017 Fla. LEXIS 233 (Jan. 31, 2017), aff’g Markus v. State, 160 So. 3d 488 (Fla. 1st DCA … Continue reading

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