Also known as: hot pursuits · fresh pursuit
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An exception to the warrant requirement that permits police officers who have probable cause to arrest a suspect in a public place to pursue the suspect into a private dwelling without a warrant. The doctrine also authorizes a search of the premises as broad as reasonably necessary to prevent escape, ensure officer safety, and seize weapons or evidence encountered during the pursuit.
An exception to the warrant requirement that permits police officers who have probable cause to arrest a suspect in a public place to pursue the suspect into a private dwelling without a warrant. The doctrine also authorizes a search of the premises as broad as reasonably necessary to prevent escape, ensure officer safety, and seize weapons or evidence encountered during the pursuit.
Select any source to read its text and confirm it supports the definition.
The prompt effort to retake possession of land or tangible movable property immediately after an unlawful dispossession. It permits the use of reasonable nondeadly force when the actor believes the dispossession was unlawful, the force is used immediately or on fresh pursuit, and the actor believes the other party has no claim of right.
Select any source to read its text and confirm it supports the definition.
The prompt effort to retake possession of land or tangible movable property immediately after an unlawful dispossession. It permits the use of reasonable nondeadly force when the actor believes the dispossession was unlawful, the force is used immediately or on fresh pursuit, and the actor believes the other party has no claim of right.
Each sense below has its own examples, sources, and questions.
Hakim Hall sells drugs on a public sidewalk. Officers with probable cause approach to arrest him. Hall runs into his nearby house and slams the door. Officers follow through the open door, arrest Hall in the kitchen, and seize the drugs visible on the counter.
Henry Hoffman robs a bank and flees. Witnesses follow him to a house five minutes before officers arrive. Officers enter without a warrant, search the entire house for Hoffman, and seize the robbery weapons and clothing found in plain view.
Hunter Hughes matches a description given by robbery victims. Officers spot him on the street and give chase. When Hughes darts into a nearby apartment building, officers follow and arrest him inside without obtaining a warrant.
Hugo Hart is suspected of a felony but is not fleeing. Officers go to his home to make a routine arrest. Because no exigent circumstances exist, they obtain an arrest warrant before entering rather than relying on any pursuit doctrine.
Hiroshi Hasegawa uses a public phone booth for a private conversation. Officers attach a listening device without a warrant. The absence of any fleeing suspect means the hot pursuit doctrine supplies no basis for the warrantless surveillance.
Yes. Officers may conduct a search as broad as reasonably necessary to prevent escape, ensure safety, and seize weapons or evidence encountered while pursuing a fleeing felon.
Supporting sources
Yes. The classic application requires probable cause to arrest the suspect in a public place before the suspect retreats into a private dwelling.
Supporting sources
No. The exigency arises from the immediate chase. If the suspect does not know pursuit is underway, the threat of escape or evidence destruction is unlikely to support the exception.
Supporting sources
Holly Hayes watches a neighbor drive her tractor across a disputed fence line onto her field. She runs alongside, climbs aboard while the tractor is still moving, and uses nondeadly force to regain control and steer it back onto her land.
Yes. The actor must ordinarily request desistance unless the actor believes the request would be useless, dangerous, or ineffective to prevent substantial harm to the property.
Supporting sources
…the warrant requirement can only be excused by exigent circumstances, see, e. g. , Warden v. Hayden , 387 U. S. 294 (1967) (hot pursuit); cf. Preston v. United States , 376 U. S. 364, 367-368 (1964). But we deal here with an entire rubric of police conduct—necessarily swift action predicated upon the on-the-spot…