Ultimately, the Supreme Court`s decision in this burning prosecution case orders police officers to do what they have always done when deciding whether or not to prosecute a fugitive suspect: use their experience, common sense and training. Britannica.com: Encyclopedia articles on hot persecution Hot persecution is one such urgent circumstance. It usually applies when police pursue an alleged offender in private places or have probable reason to believe that a crime has been committed in private places. The Supreme Court has stated that “prosecution is a kind of prosecution, but need not be a prolonged cry `in and through public streets`” (United States v. Santana, 427 U.S. 38, 96 pp. Ct. 2406, 49 L. Ed. 2d 300 [1976]). Hot persecution also applies when the lives of police officers or others are in danger. Thus, the Court recognized two specific conditions justifying warrantless searches under the hot charge rule: the need to circumvent the destruction of evidence and the need to prevent loss of life or serious injury. The Supreme Court of Canada ruled in R.
v. Nothing in this article shall be construed as making unlawful an arrest in that State which would otherwise be lawful. While Hot Pursuit expands police powers to conduct warrantless searches, it does so under strict circumstances. Its purpose is based on practical necessity; It does not give law enforcement the right to ignore constitutional guarantees. The courts will ultimately decide whether a warrantless search is admissible and reject the abuse of the rule. The misuse of Hot Pursuit occurred in O`Brien v. City of Grand Rapids, 23 F.3d 990 (6th Cir. 1994). In this case, police chased a suspect to his home, called for help, surrounded the apartment and ended up spending six hours in a cul-de-sac without seeking a search warrant. The court noted that the suspect could not have escaped from the scene and that officers were not afraid of destruction of evidence or a security threat. Thus, there were no compelling circumstances that allowed them to be searched without a court order.
Since Warden, lower courts have used the rule to determine whether police officers acted reasonably or inappropriately when conducting a search without obtaining a search warrant. Other cases have resulted in entry and arrest without warrant in different circumstances: when police saw a suspect standing in his doorway withdrawing with a package containing marked money from a knife attack (United States v. Santana, 427 U.S. 38, 96 pp. Ct. 2406, 49 L. Ed. 2d 300 [1976]); whether the police had a probable reason to arrest a suspect because he fit the description of an assailant who threatened others and fled (United States v. Lopez, 989 F.2d 24 (1st Cir. 1993), Cert. Denied, 510 U.S. 872, 114 pp.
Ct. 201, 126 L. Ed. 2d 158 [1993]); and when a police officer saw drug trafficking taking place inside on the doorstep of an apartment (United States v. Sewell, 942 F.2d 1209 [7th Cir. 1991]). Countless detective novels have depicted police officers in a frantic pursuit, barking at their radio that they are “looking for” a suspect. This popular image says little about the legal rule of hot persecution.
As the U.S. Supreme Court has noted, the rule is an important exception to the freedoms guaranteed by the Fourth Amendment. This constitutional provision protects citizens from excessive police intrusion into their lives and property. Its main protection is the search warrant, which must be obtained by a judge or magistrate before the police can carry out most searches. In special circumstances, the hot pursuit rule gives police additional powers to enter private property and conduct a warrantless search. The rule recognizes practical limitations on Fourth Amendment rights given the realities of policing, particularly in emergency situations, but it far discourages giving police complete freedom to conduct warrantless searches. Prosecution is the pursuit by a law enforcement officer (with or without a warrant) to prevent the escape or arrest of a person suspected of having committed or having committed a misdemeanour or crime. Hot pursuit involves persecution without undue delay, but does not have to be an immediate pursuit. It can also involve prosecuting an escaped suspect or criminal in a nearby jurisdiction in an emergency without having time to alert law enforcement agencies in that area.
For a full summary of this hot persecution case, see our previous article. The doctrine of “immediate pursuit” is that police can pursue a fugitive suspect in a home without a warrant if he has probable grounds for arrest and initiates the arrest in a public place. n. If a law enforcement officer is so close to the alleged criminal that they can pursue the prosecution in another jurisdiction without arresting or seeking a warrant in the other county or state. It is synonymous with a new quest. (See: New Persecution) Subscribe to America`s largest dictionary and get thousands of other definitions and an advanced search – ad-free! Hot Pursuit has long been part of English common law.