Also known as: rules of pursuit · hot pursuit · fresh pursuit
Written by attorneys · grounded in primary & secondary sources — see below
A doctrine permitting the use of reasonable force or warrantless entry when a person or officer is in immediate or fresh pursuit to recapture dispossessed tangible property or to arrest a fleeing suspect who has retreated into a private place.
Riley Rivera fled from officers who had probable cause to arrest her on a public street. She ran into her house and closed the door. The officers followed immediately through the open door and arrested her inside without a warrant. The pursuit justified the entry and the arrest.
Ruby Rivera saw her neighbor drive her tractor across a disputed line onto Ruby's field. Ruby ran after the tractor while it was still moving, climbed aboard, and used force to steer it back. The immediate pursuit allowed the limited force to recapture the equipment.
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Rajesh Rao fled from officers after committing a felony in their presence. The officers chased him into a nearby building and conducted a search broad enough to prevent escape and locate weapons. Items found during the pursuit were lawfully seized.
Rosa Ruiz tracked her backhoe to a new site the same day a bank crew removed it without authority. She arrived while the crew was still positioning the machine and used nondeadly force to block its removal. The fresh pursuit supported her recapture effort.
Raymond Ramos entered a home to retrieve tools he believed had been wrongfully taken. A co-tenant objected at the threshold. The pursuit occurred immediately after the dispossession and the limited force used to regain the items was evaluated under the doctrine.
Rebecca Ross pursued a person who had taken her equipment from a rented space. The taker had stayed overnight at a friend's home. The doctrine permitted entry to effect the recapture because the pursuit remained fresh and the beliefs about dispossession were reasonable.
Force is justified when the actor believes it is immediately necessary to recapture tangible movable property after an unlawful dispossession and the force is used immediately or on fresh pursuit. The actor must also believe the other person has no claim of right or that court process would cause exceptional hardship.
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A two-week delay generally fails the immediacy or fresh-pursuit requirement. The doctrine requires prompt action so that the recapture remains connected to the original dispossession without allowing the situation to stabilize.
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The actor must ordinarily request desistance unless the actor reasonably believes the request would be useless, dangerous, or ineffective to prevent substantial harm to the property. Failure to make the request when none of the exceptions apply defeats justification.
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Officers with probable cause to arrest in a public place may pursue a suspect who retreats into a private dwelling and may enter without a warrant to complete the arrest and conduct a search reasonably necessary for safety and to prevent escape.
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…of that arrest.[^maj-20] Nor could the use of electronic surveillance without prior authorization be justified on grounds of hot pursuit. And, of course, the very nature of electronic surveillance precludes its use pursuant to the suspect's consent.[^maj-21][^maj-22] The Government does not question these basic principles…