Category Archives: Hot pursuit

WA: Affidavit and SW didn’t need to specify statutes of crimes under investigation when it was apparent it was murder

The search warrant of defendant’s place for trace evidence of a dead body rather than the body itself was reasonable because the police had information that the body had been burned in a fire pit. In addition, the affidavit and … Continue reading

Posted in Curtilage, Hot pursuit, Particularity, Warrant requirement | Comments Off on WA: Affidavit and SW didn’t need to specify statutes of crimes under investigation when it was apparent it was murder

WI: Use of a tracking dog in a burglary that led to def’s house was reasonable and in hot pursuit

Police received a 4 am burglary call, and an officer with a dog tracking smell and the officer tracking footprints in the dew on the ground led to defendant’s property. The officer knocked and defendant’s mother let the police in. … Continue reading

Posted in Curtilage, Dog sniff, Hot pursuit, Standards of review | Comments Off on WI: Use of a tracking dog in a burglary that led to def’s house was reasonable and in hot pursuit

E.D.Ky.: Entry into the curtilage for knock-and-talk ended up a hot pursuit and abandonment

Officers came to defendant’s home for a knock-and-talk, and he saw them and fled, and the USMJ credited that the officers could see him discard a drug container. The court finds this was hot pursuit. “Of course, the Versailles police … Continue reading

Posted in Abandonment, Emergency / exigency, Hot pursuit, Knock and talk | Comments Off on E.D.Ky.: Entry into the curtilage for knock-and-talk ended up a hot pursuit and abandonment

D.Minn.: Res judicata doesn’t bar relitigating motion to suppress within same proceeding

A ruling on a motion to suppress during the proceedings is subject to change. It is not governed by res judicata because it isn’t final. United States v. Baez, 2018 U.S. Dist. LEXIS 184017 (D. Minn. Aug. 30, 2018), adopted, … Continue reading

Posted in Hot pursuit, Motion to suppress | Comments Off on D.Minn.: Res judicata doesn’t bar relitigating motion to suppress within same proceeding

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

Posted in Arrest or entry on arrest, Burden of pleading, Hot pursuit | Comments Off on CA11: Hot pursuit of a misdemeanant into a dwelling is permitted by the 4A

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

Posted in Good faith exception, Hot pursuit, Nexus | Comments Off on NJ: “Hot pursuit” into a home to seek an iPhone via the find phone application was unreasonable

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

Posted in Hot pursuit, Ineffective assistance | Comments Off on ND: Hot pursuit into a garage to make an arrest was reasonable

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

Posted in Hot pursuit, Reasonable suspicion, State constitution | Comments Off on IN: Hot pursuit into Kentucky did not violate state constitution

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

Posted in Hot pursuit, Informant hearsay | Comments Off on GA: Hot pursuit of a traffic stop over jurisdictional lines not unlawful

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

Posted in Arrest or entry on arrest, Hot pursuit | Comments Off on CA7: Hot pursuit of a purported drug dealer into ptf’s house was valid under Santana

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

Posted in Hot pursuit | Comments Off on MA: Hot pursuit not justified for civil infraction of possession of MJ; not serious enough offense

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

Posted in Hot pursuit | Comments Off on CA11: Recent murder-robbery made entry into defendant’s house “sufficiently exigent”