Legal Definitions - hot pursuit

Hot pursuit refers to a legal doctrine that allows police officers to pursue a fleeing suspect into a private residence without first obtaining a warrant.

Normally, the Fourth Amendment to the U.S. Constitution requires law enforcement to get a warrant from a judge before entering a person's home to make an arrest. However, the hot pursuit doctrine is a specific exception to this rule. It permits officers to enter a home without a warrant when they are actively and continuously chasing a suspect who they have probable cause to arrest.

For this exception to apply, several conditions must typically be met:

• The police must have a clear and immediate reason (probable cause) to believe the person committed a crime and should be arrested.
• The chase must have begun in a public place where the officers had jurisdiction.
• The pursuit must be continuous and immediate, meaning there is no significant break in the chase.
• The entry into the home must be necessary to prevent the suspect's escape, to stop the destruction of evidence, or to prevent imminent harm to others.

Courts evaluate these situations on a case-by-case basis, considering all the circumstances the officers faced at the time.

Here are some examples illustrating the concept of hot pursuit:

• Example 1: Drug Trafficking
  Police officers are patrolling a public park when they observe an individual openly selling illegal drugs. As the officers approach to make an arrest, the suspect spots them and immediately flees, running directly into a nearby apartment building. Because the officers witnessed a crime, had probable cause to arrest, and initiated the pursuit in a public place, they can follow the suspect into the building and potentially into an apartment without a warrant to prevent escape and the destruction of any remaining evidence.
• Example 2: Violent Assault
  A bystander calls 911 to report a violent assault occurring on a city sidewalk. When officers arrive, they see a person punching another individual. As the officers exit their patrol car, the assailant breaks away and sprints into a house across the street. Given the immediate nature of the violent crime and the continuous chase, the officers are permitted to enter the house without a warrant to apprehend the suspect and prevent further harm or escape.
• Example 3: Burglary in Progress
  A homeowner calls the police to report that someone is breaking into their garage. Officers arrive quickly and see a person climbing out of a garage window, carrying tools. The suspect drops the tools and runs into the adjacent house. The officers, having witnessed the suspect fleeing the scene of a crime, can engage in hot pursuit and enter the house without a warrant to arrest the individual and secure any potential evidence.