NCJ Number
112876
Journal
San Diego District Attorney Law Enforcement Report Volume: 10 Issue: 2 Dated: (1988) Pages: 6-8
Date Published
1988
Length
3 pages
Annotation
In California, the hot pursuit doctrine dispenses with the search warrant requirement for entering a home when police are chasing a suspect in active flight.
Abstract
The justification for this exception is that otherwise the suspect is likely to escape while police wait for a warrant to be issued. In defining what conditions must be met to warrant this exception, the courts have held that (1) the crime must be a serious one, (2) the suspect must be a continuing threat to the officer or others, (3) crime occurred recently, and (4) there is reason to believe that the suspect is inside of the residence being entered. While there are not specific definitions of what crimes are serious, and the doctrine has been upheld in cases involving burglary and misdemeanor drunk driving, there must be a real possibility of imminent danger if the suspect is not arrested immediately. In defining hot pursuit, the courts have not required that officers must be literally on the heels of a suspect or that the suspect be kept in view at all times. Once officers receive information that leads them on a chase, the chase must be expeditious, continuous, and direct. While officers in pursuit of a dangerous criminal clearly do not have time to analyze the legalities involved and entering a residence without a warrant while in pursuit of a suspect is a judgment call, a knowledge of the legal rationale and how courts have dealt with the doctrine in the past should aid officers in their decision. 11 footnotes.