Hot pursuit across state lines determined by law of the state of arrest

Hot pursuit across the stateline from Wyoming into Colorado by Wyoming officers is governed by the law of Colorado. The common law would invalidate such an arrest, but Colorado law permitted it. Also, the defendant does not have to know that officers are in pursuit for it to be hot pursuit. Doolittle v. State, 2007 WY 52, 154 P.3d 350 (2007):

Admittedly, the facts of the present case do not fit easily within the traditional sense of fresh pursuit where it is envisioned that an officer observes a crime and immediately begins chasing a fleeing suspect across a jurisdictional boundary line. However, when evaluated under the criteria set forth under Colorado law, we do not find Mr. Doolittle’s arrest to be unlawful. Detectives immediately set up surveillance at the location where Mr. Doolittle agreed to meet Mr. Collins in furtherance of the ongoing conspiracy. Mr. Doolittle arrived as expected, but after driving into Wyoming, continued on a driveway which curved back over to the Colorado side of the border. The detectives followed Mr. Doolittle’s vehicle across the border and apprehended him after he stepped out of the car. The police action in this case was without unnecessary delay and was continuous and uninterrupted. Mr. Doolittle was apprehended as close to the time the crime was committed as was reasonable under the circumstances. We find Mr. Doolittle’s arrest was lawful.

Illegal entry into the backyard does not immunize what was lawfully observed in the front yard. Brocuglio v. Proulx, 478 F. Supp. 2d 309 (D. Conn. 2007):

Brocuglio’s new trial motion, argues, in effect, that the defendants’ illegal presence in the back yard immunized him from arrest, either for prior illegal conduct and even for any illegal conduct in the presence of the officers. That theory fails. The illegal entry does not vitiate the existence of probable cause for events in the front yard, nor does it permit Brocuglio to undertake illegal conduct in the back yard at will and without fear of arrest.

In the same case, there was no qualified immunity for violation of plaintiff’s curtilage because the law was well settled. Brocuglio v. Proulx, 478 F. Supp. 2d 297 (D. Conn. 2007).*

Officers had reasonable suspicion for a probation search. “Given that both Brown and the Defendant affirmatively asserted that the lockbox, which was in plain view to the officers legally on the premises, belonged to a third party, the Defendant has no expectation of privacy in the box and as a result the Defendant has no standing to object to the legality of the search of the lockbox.” Fenton v. State, 2007 WY 51, 2007 Wyo. LEXIS 54 (March 23, 2007).