ID: Hot pursuit justified entry into home of a DUI suspect who refused to stop on command

Entry into defendant’s home in “hot pursuit” was valid where officer attempted to stop DUI suspect right after a domestic disturbance call. She got out of her car and walked to her house, ignoring the officer’s order to stop. She got in the door with the officer right behind her. State v. Finnicum, 206 P.3d 501 (Ida. App. April 2, 2009):

Given these circumstances, Deputies McFarland and Vrevich acted lawfully when they followed Finnicum into the house because they were completing a justified arrest that had been set in motion in a public place. This conclusion is dictated by the United States Supreme Court’s decision in Santana. There, police possessing probable cause to arrest Santana for a drug offense went to her house, where she was standing in the doorway. As the officers approached, they shouted, “Police” and displayed their identification, whereupon Santana retreated into the vestibule of her home. The officers followed her through the open door and caught her in the vestibule. Addressing the question of “whether her act of retreating into her house could thwart an otherwise proper arrest,” the Supreme Court held that it could not. The Court concluded that “a suspect may not defeat an arrest which has been set in motion in a public place … by the expedient of escaping to a private place.” Santana, 427 U.S. at 43.

Here, Deputy McFarland had progressed further toward effectuating an arrest–by ordering Finnicum to stay by her vehicle–than had the officers in Santana who had merely yelled “Police” and showed their identification. Finnicum’s arrest was set in motion in a public place, and she may not gain refuge through her subsequent refusal to obey a lawful police order. Therefore, the deputies’ entry of Finnicum’s home to complete the arrest did not violate the Fourth Amendment.

Officer’s hunch was insufficient basis for a patdown. His observation of defendant loitering in front of a store known to be the site of drug distribution and drug-related arrests was not, by itself, sufficient to warrant a pat down. While defendant appeared nervous, the record did not show that defendant concealed or attempted to conceal his hands from the officer. There were no other relevant facts to suggest that defendant was involved in the distribution of drugs, such as hand-to-hand transaction, contact with others, or maintenance of a stash. Thompson v. Commonwealth, 54 Va. App. 1, 675 S.E.2d 832 (2009).*

Exigent circumstances did not justify the entry into defendant’s premises because officers waited an hour before deciding to enter, thereby showing that there was no exigency. There was also no probable cause shown in the affidavit for the search warrant. The motion to suppress was properly granted. State v. Mills, 2009 Tenn. Crim. App. LEXIS 337 (May 11, 2009).*

Search incident of defendant’s person was valid in Kansas on arrest for driving without insurance. Officer has discretion to cite or arrest. State v. Cox, 41 Kan. App. 2d 833, 206 P.3d 54 (2009).* (Note that this case was decided the day before Gant, but SI of a person being arrested is different from SI of his car.)