Hot Pursuit
What does "Hot Pursuit" mean in law?
The hot pursuit (or fresh pursuit) doctrine is an exigent circumstances exception to the warrant requirement that permits law enforcement officers to enter a dwelling without a warrant when they are actively chasing a fleeing suspect. Under Warden v. Hayden (1967), the Supreme Court held that the Fourth Amendment does not require officers to delay pursuit to obtain a warrant when evidence might be destroyed or the suspect might escape. However, in Lange v. California (2021), the Court clarified that pursuit of a fleeing misdemeanor suspect does not automatically justify a warrantless home entry; the totality of the circumstances must be considered. Once lawfully inside, officers may search the premises to the extent reasonably necessary to find the suspect and ensure officer safety, and any evidence in plain view during that sweep may be seized.
Definition
The hot pursuit (or fresh pursuit) doctrine is an exigent circumstances exception to the warrant requirement that permits law enforcement officers to enter a dwelling without a warrant when they are actively chasing a fleeing suspect. Under Warden v. Hayden (1967), the Supreme Court held that the Fourth Amendment does not require officers to delay pursuit to obtain a warrant when evidence might be destroyed or the suspect might escape. However, in Lange v. California (2021), the Court clarified that pursuit of a fleeing misdemeanor suspect does not automatically justify a warrantless home entry; the totality of the circumstances must be considered. Once lawfully inside, officers may search the premises to the extent reasonably necessary to find the suspect and ensure officer safety, and any evidence in plain view during that sweep may be seized.
Example
When a suspect who had just committed an armed robbery fled into his apartment with officers in close pursuit, the officers' warrantless entry was justified under the hot pursuit doctrine, and the firearm they found on the floor in plain view was admissible.