Legal Definitions - fresh pursuit

Fresh pursuit refers to a legal principle that allows certain actions to be taken without a warrant or outside normal jurisdictional boundaries when someone is actively fleeing from law enforcement, or when a person is immediately attempting to recover recently stolen property.

This concept applies in two main contexts:

• Law Enforcement Powers: In the context of police work, fresh pursuit grants officers specific powers when they are actively chasing a suspect who is attempting to escape. This principle has two primary applications:

  • Crossing Jurisdictional Lines: It permits officers to continue a chase across city, county, or even state borders to apprehend a suspect, even if they would normally lack authority in that new area. The pursuit must be continuous and initiated within their original jurisdiction.

  • Warrantless Actions: It allows officers to conduct warrantless searches or arrests of a fleeing suspect, as the immediate danger of escape or destruction of evidence creates an exception to the usual requirement for a warrant under the Fourth Amendment of the U.S. Constitution.

  Examples of Fresh Pursuit by Law Enforcement:

  • A police officer in Metropolis observes a driver commit a serious felony and attempts to pull them over. The driver speeds away, leading the officer on a high-speed chase that crosses into the neighboring jurisdiction of Gotham City. Under the principle of fresh pursuit, the Metropolis officer can continue the chase into Gotham City and make an arrest there, even though Gotham is outside their normal patrol area. This illustrates the right to cross jurisdictional lines during a continuous pursuit.

  • During a foot chase through a park, an officer sees a suspect throw a small, suspicious package into a public trash can before continuing to flee. Because the officer is in fresh pursuit of a fleeing suspect, they are legally permitted to immediately retrieve and examine the package without first obtaining a search warrant. This demonstrates the allowance for warrantless action (search for evidence) due to the exigency of the pursuit.

• Private Citizen's Right to Recover Property:Fresh pursuit also applies to private citizens who have had their property stolen. It allows a person to use reasonable force to immediately retrieve their property from the thief, provided the recovery attempt is made without delay after the theft occurred.

  Example of Fresh Pursuit by a Private Citizen:

  • While walking down the street, someone snatches a person's backpack and runs off. The victim immediately turns and chases the thief, catching up to them a block away and physically retrieving their backpack. This illustrates the private citizen aspect of fresh pursuit, where the victim can use reasonable force to recover their property because the attempt was immediate and directly followed the theft.