{"id":4117,"date":"2010-05-16T12:30:22","date_gmt":"2010-04-30T18:36:42","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-04-30T18:36:42","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4117","title":{"rendered":"AK: Hot pursuit of a fleeing speeder into his house was unreasonable"},"content":{"rendered":"

Defendant was seen speeding, and he fled from Sitka, Alaska, police officers into his house trailer. The officer entered in hot pursuit. This entry was unreasonable because the exigency was not serious enough to permit an entry into the home. DUI charge dismissed by trial court was affirmed. State v. Siftsoff<\/a>, A-10322 (Alaska App. April 30, 2010):<\/p>\n

We conclude that Judge George\u2019s order accurately reflects Alaska law. We have reviewed the Alaska cases which discuss the \u201chot pursuit\u201d exception to the warrant requirement. In reviewing these cases, we find that the decisions do not support allowing the police to enter a residence merely because the police are engaged in an immediate and continuous pursuit of a suspect. The police must have \u201ca compelling need for official action and no time to secure a warrant.\u201d<\/p>\n

. . .<\/p>\n

In this case, Judge George applied the \u201chot pursuit\u201d analysis that our supreme court originally set out in Gray. Although Gray dealt with the warrantless entry of a motor vehicle, this court has consistently applied the Gray analysis to situations where the police enter a residence in hot pursuit of a suspect.<\/p>\n

Under this analysis, police officers in hot pursuit of a suspect may enter a residence without a warrant if (1) the officers have probable cause to believe that the person has committed a serious offense; (2) the officers know or have probable cause to believe that the person is in the residence they are about to enter; and (3) the officers have probable cause to believe that some additional exigent circumstance requires a prompt entry into the residence \u2014 for instance, that the person is armed or otherwise presents an imminent threat of harm to the officers or others, or that the person will flee the residence and escape unless the officers make an immediate arrest, or that the person will destroy evidence unless immediately apprehended. Finally, even when these criteria are met, the law requires the police to restrict themselves to a peaceable entry unless the situation reasonably requires the use of force.<\/p><\/blockquote>\n

Hat tip to Kevin Higgins, Asst. Public Defender.<\/p>\n","protected":false},"excerpt":{"rendered":"

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