AT THE TIME OF THE ANALYSIS (MARCH 1975), 12 STATES HAD NO LEGISLATION PERTAINING SPECIFICALLY TO INTRASTATE FRESH PERSUIT. HOWEVER, THE LACK OF SPECIFIC LEGISLATION DOES NOT PRECLUDE INTRASTATE FRESH PURSUIT ACTIVITY. PEACE OFFICERS HAVE THE RIGHT TO MAKE ARRESTS AS PRIVATE PERSONS UNDER COMMON LAW AND MAY ALSO BE AIDED BY MUTUAL AID LAWS WHEN PURSUING SUSPECTS ACROSS JURISDICTIONS. OF THE 38 STATES WITH SPECIFIC LEGISLATION ON INTRASTATE FRESH PURSUIT, 21 AUTHORIZE ALL COUNTY AND MUNICIPAL PEACE OFFICERS TO ENGAGE IN FRESH PURSUIT THROUGH-OUT THE STATE FOR ANY OFFENSE. ANOTHER EIGHT AUTHORIZE STATEWIDE PURSUIT UNDER CERTAIN CIRCUMSTANCES. FRESH PURSUIT LEGISLATION IS NOT ALWAYS UNIFORMLY APPLICABLE TO ALL TYPES OF PEACE OFFICERS. THE STANDARD OF KNOWLEDGE REQUIRED OF AN OFFICER BEFORE HE CAN ENGAGE IN FRESH PURSUIT VARIES. SOUTHWESTERN AND NORTHEASTERN STATES TEND TO HAVE MORE LIBERAL INTRASTATE FRESH PURSUIT LAWS. INTERSTATE FRESH PURSUIT LEGISLATION IS MORE CLEAR-CUT. THE UNIFORM ACT ON FRESH PURSUIT, WHICH EXTENDS TO PEACE OFFICERS BROAD AUTHORITY FOR INTERSTATE PURSUIT, IS IN FORCE IN 31 STATES. A VARIATION OF THE UNIFORM ACT EXISTS IN 10 STATES. NINE STATES HAVE NO LEGISLATION ON INTERSTATE FRESH PURSUIT. TABULAR SUMMARIES OF LEGISLATION AND COURT CASES ARE INCLUDED. (LKM)
PATTERN OF STATE LAWS RELATING TO 'FRESH PURSUIT' POLICE SERVICES STUDY - TECHNICAL REPORT - DRAFT
NCJ Number
45670
Date Published
1975
Length
14 pages
Annotation
THE STATUS OF STATE LAWS PERTAINING TO THE INTRASTATE AND INTERSTATE FRESH PURSUIT AUTHORITY OF PEACE OFFICERS IS EXAMINED.
Abstract