Also known as: fleeing-felon · fleeing felon rule · fleeing felon doctrine
Written by attorneys · grounded in primary & secondary sources — see below
A person who has committed a felony and is evading police apprehension. The status triggers the hot pursuit exception permitting warrantless entry into a dwelling and a search as broad as reasonably necessary to apprehend the suspect, prevent escape or resistance, and protect officer safety, with seizure of weapons or evidence encountered. It also limits police use of deadly force to circumstances in which the felon poses an immediate threat of death or serious bodily harm.
Francois Fortier stabbed a coworker on a charter vessel and sprinted into Captain Harris's nearby cottage. Officers arrived within seconds, forced entry without a warrant, and conducted a room-by-room search that located Fortier and the knife in a bedroom drawer. The knife was seized during the search.
Felicity French robbed a convenience store at gunpoint and fled on foot. An officer who witnessed the robbery gave chase and, when French turned and pointed the gun, fired once, striking her. The shot prevented escape while neutralizing an immediate threat of serious harm.
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Faith Fitzgerald committed armed robbery and ran into a friend's house. Officers followed immediately, entered without a warrant, and located Fitzgerald hiding in a closet. The entry was justified by the continuous pursuit of the fleeing felon.
Forrest Falconer led officers on a high-speed chase after a traffic stop escalated into felony evasion. An officer bumped the vehicle to end the pursuit, causing Falconer to crash. The maneuver addressed the immediate danger Falconer posed to bystanders and officers.
Frederick Ferguson fled after a violent felony. During the ensuing car chase an officer's vehicle struck and killed Ferguson. The collision occurred while Ferguson posed an ongoing threat through reckless driving that endangered the public.
No. The exception applies only when officers are in immediate and continuous pursuit of a suspect who has committed a serious offense. Minor offenses do not create sufficient exigency to justify entry.
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Yes. Officers may seize weapons and evidence encountered during a search that is reasonably necessary to apprehend the suspect and ensure safety.
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No. Deadly force is reasonable only when the felon threatens death or serious bodily harm and the force is necessary to prevent escape.
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It depends on whether opening the container is reasonably necessary to locate the suspect or neutralize a threat. A locked trunk or cabinet may be opened if the circumstances indicate the suspect or a weapon could be inside.
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…be construed in light of the common-law rule, which allowed the use of whatever force was necessary to effect the arrest of a fleeing felon, though not a misdemeanant. As stated in Hale's posthumously published Pleas of the Crown: "[I]f persons that are pursued by these officers for felony or the just suspicion thereof . . .…