Category Archives: Hot pursuit

CA8: Hot pursuit justified entry into bank robbery suspect’s home

Hot pursuit was shown for entry into defendant’s home after a trail of evidence led officers there. At the door they could see young children inside and someone on the stairs even though the woman answering the door insisted no … Continue reading

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RI: Exigency of hot pursuit in a homicide case made pinging cell phone reasonable

Despite Carpenter saying it is limited to historical CSLI, this court concludes there is no meaningful difference between real-time and historical CSLI under Carpenter. Exigency, however, was real. The police were in hot pursuit seeking to question defendant for a … Continue reading

Posted in Cell phones, Cell site location information, Emergency / exigency, Hot pursuit, Particularity, Prison and jail searches, Qualified immunity, Reasonableness | Comments Off on RI: Exigency of hot pursuit in a homicide case made pinging cell phone reasonable

NV: A-C privilege reason for return of documents

Attorney-client privilege is reason for return of documents under F.R.Crim.P. 41(g), and Nevada recognizes that, too, regardless of whether there is an open investigation. In re Search Warrants Regarding Seizure of Documents, 2023 Nev. App. Unpub. LEXIS 131 (Apr. 7, … Continue reading

Posted in Arrest or entry on arrest, Automobile exception, Hot pursuit, Probation / Parole search, Reasonable suspicion, Rule 41(g) / Return of property | Comments Off on NV: A-C privilege reason for return of documents

WI: Warrantless entry into curtilage was not hot pursuit

The officers here were not in continuous hot pursuit when they entered defendant’s fenced-in backyard, his curtilage. They went there on a call, and they weren’t following. Entry suppressed. State v. Wilson, 2022 WI 77, 2022 Wisc. LEXIS 99 (Nov. … Continue reading

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OH8: No PC for hot pursuit into house on less than RS

The state showed no probable cause to justify a warrantless entry into the home of a fleeing misdemeanant. Police got a citizen’s report of a possible impaired driver. When they found the car, it had just pulled into the driveway … Continue reading

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IL: Smell of burnt MJ in a car in a recreational use state not PC

“We hold that the smell of the burnt cannabis, without any corroborating factors, is not enough to establish probable cause to search the vehicle, and the court did not err in granting the motion to suppress. This finding comports with … Continue reading

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MI: Inventory was reasonable and not pretextual

Defense counsel wasn’t ineffective for not challenging the inventory search of defendant’s car because the inventory was reasonable. After the arrest of the occupants, the vehicle had to be towed, and the inventory was within policy and not a pretext … Continue reading

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HI: “[T]he gravity of the crime standing alone cannot establish exigent circumstances” for warrantless entry

Defendant’s unprovoked attack in stabbing a woman on a beach and then fleeing to his home wasn’t exigent by the time the police got there. “[T]he gravity of the crime standing alone cannot establish exigent circumstances.” State v. Willis, 2021 … Continue reading

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D.D.C.: Hot pursuit of man with gun into apt was reasonable; and it wasn’t his apt

Defendant didn’t have standing to contest a warrantless entry into his close friend’s apartment when he was hiding there from the police after having fled an apparent arrest. They were also in hot pursuit of a man with a gun. … Continue reading

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D.N.M.: Def’s failing to stop for a Terry stop doesn’t justify hot pursuit into home

Officers cannot enter a defendant’s home in hot pursuit from his failing to stop for a Terry stop on mere reasonable suspicion. United States v. Cannon, 2021 U.S. Dist. LEXIS 112705 (D.N.M. June 16, 2021). The officer’s initial observations of … Continue reading

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W.D.Pa.: Hot pursuit justified entry into def’s house

Highly specific and accurate information from a 911 call about a man with heroin and a gun in a blue drawstring bag in an area known for on-the-street drug deals and violent crimes brought police. Defendant matched the description. There … Continue reading

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Reason: Gorsuch Pushes Stronger Fourth Amendment Protections

Reason: Gorsuch Pushes Stronger Fourth Amendment Protections by Damon Root (“Can a cop enter a suspect’s home without a warrant if they’re in pursuit and have probable cause to believe the suspect has committed a misdemeanor?”):

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N.D.Ga.: Cell tower dumps to attempt to solve 12 robberies did not require SW

There were 12 robberies and officers got cell tower dumps to attempt to figure out the phone involved. Cell tower dumps did not require a search warrant. United States v. Rhodes, 2021 U.S. Dist. LEXIS 75184 (N.D. Ga. Apr. 20, … Continue reading

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ID: Hot pursuit to execute an arrest warrant with entry is reasonable

Hot or “fresh pursuit” to execute an arrest warrant with entry is reasonable. State v. Clark, 2021 Ida. LEXIS 55 (Mar. 30, 2021):

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IL: Def’s failure to answer request for consent is not implied consent

When asked for consent, defendant didn’t answer. The officer’s testimony that “he not tell me no” was not consent, which had to proved by the state. People v. Banta, 2021 IL App (4th) 180761, 2021 Ill. App. LEXIS 112 (Mar. … Continue reading

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WY: No hot pursuit into home for traffic violation that wasn’t “hot”

Hot pursuit for a traffic violation did not permit an entry into the home. Here, the pursuit just wasn’t “hot” or exigent because the officer called for backup. Fuller v. State, 2021 WY 36, 2021 Wyo. LEXIS 41 (Feb. 24, … Continue reading

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SCOTUSBlog: Justices to consider whether “hot pursuit” justifies entering a home without a warrant

ScotusBlog: Justices to consider whether “hot pursuit” justifies entering the home without a warrant (“At issue in Lange v. California is whether, when police are pursuing someone for a misdemeanor, that is always an ‘exigent circumstance’ that will allow the … Continue reading

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Reason: A Fourth Amendment Mistake the Supreme Court Should Fix

Reason: A Fourth Amendment Mistake the Supreme Court Should Fix by Damon Root (“Don’t expand the “hot pursuit” exception to the Fourth Amendment.”)

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GA: Entry into def’s house for pulling a gun on somebody elsewhere wasn’t in hot pursuit and suppressed

Officers entered defendant’s home for allegedly pulling a gun on his girlfriend at another house. They weren’t in hot pursuit, and the entry was unreasonable and is suppressed. The state’s inevitable discovery argument that a search warrant would have been … Continue reading

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SCOTUS cert. grant: Does hot pursuit apply to misdemeanant’s flight into own home?

Lange v. California, 20-18 (granted Oct. 19, 2020): Issue: Whether the pursuit of a person whom a police officer has probable cause to believe has committed a misdemeanor categorically qualifies as an exigent circumstance sufficient to allow the officer to … Continue reading

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