When The Police Are In Hot Pursuit
What does it mean when the police are in hot pursuit? Generally, when the police are hot on the trail of a fleeing suspect they can pursue him or her.
Any search or seizure is limited by the Fourth Amendment to the United States Constitution, which says: “The right of the people to be secure in their person, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” The Fourth Amendment specifically protects people against the physical entry of their homes. A warrantless entry and search of a private residence is presumptively unreasonable. There are several
exceptions to the search warrant requirement: (1) search incident to a lawful arrest; (2) consent signifying waiver of constitutional rights; (3) the stop-and-frisk doctrine (4) hot pursuit; (5) probable cause to search accompanied by the presence of exigent circumstances.
Because warrantless searches of private homes are presumptively unreasonable, one would think that one could evade an arrest by running into one’s own home and hiding there. Wrong.
A suspect may not avoid arrest simply by outrunning the police and entering a residence.
When officers, having identified themselves, are in hot pursuit of a suspect who flees to a house in order avoid arrest, the police may enter without a warrant.
It does not matter if the offense is a misdemeanor or a felony.
If the police enter a home without a warrant and without one of the exceptions to a search warrant, such as hot pursuit, then the officer’s actions can be challenged with a motion to suppress. A motion to suppress can result in the State of Ohio being prohibited from using evidence found as a result of the police’s unlawful acts.
To learn more, read my other posts related to this topic. I wrote about other exceptions to the warrant requirement, including the
emergency aid exception,
good faith exception, and
searching abandoned property (searching garbage). I also wrote about instances where the courts did not extend the exception to the warrant requirement, such as the
limitation on the use of drug dogs.
Attorney Gigiano is a Medina motion to suppress attorney in Wadsworth, and Summit County motion to suppress attorney near Barberton. Attorney Gigiano has successfully pursued motions to suppress for many of his clients, resulting in dismissals in many instances. To learn more about the work Attorney Gigiano has done for his clients, take a look at
Daniel Gigiano’s Reviews, reviews found in a number of
websites, and
articles and links to his work. If you have questions about this or other questions you need answered by a Wooster motion to suppress attorney near Orrville, or a Stark County motion to suppress lawyer near Massillon, please call Attorney Daniel F. Gigiano at 330-336-3330.
[…] anything wrong, can a person’s tip get you arrested in Ohio, can you agree to a search in Ohio, can Ohio police break into your home if they are in hot pursuit, can Ohio police stop you just to help you, factors affecting an agreed sentence in Ohio, Ohio […]
[…] a phone call can get you pulled over in Ohio, agreeing to a search in Ohio is usually a bad idea, Can Ohio police hot on your trail follow you into your home, Ohio police aiding you can also gather evidence against you, leaving Ohio while on bond keeps the […]
[…] links to my other articles related to criminal law: Can the police use my statement against me; When the police are in hot pursuit; The difference between misdemeanors and felonies in Ohio; What is a municipal court; What do you […]
[…] links to my other articles related to criminal law: Can the police use my statement against me; When the police are in hot pursuit; Drug courts; Drug trafficking; The difference between misdemeanors and felonies in Ohio; Medina […]
[…] links to my other articles related to criminal law: Can the police use my statement against me; When the police are in hot pursuit; The difference between misdemeanors and felonies in Ohio; What is a municipal court; What do you […]
[…] To read more on DUI, click on any of the following links to my other articles related to DUI: When the police are in hot pursuit; Negligent entrustment; Driver’s license is not needed for non-motor vehicles; Police can make a […]
[…] to DUI: Can police pull you over based on a tip from another driver; Ohio changes to OVI laws; When the police are in hot pursuit. My hard work has resulted in successful results for many of my clients, including the results […]
[…] To read more on DUI, click on any of the following links to my other articles related to DUI: When the police are in hot pursuit; Driver’s license is not needed for non-motor vehicles; What do you do when pulled over by the […]
[…] on any of the following links to read more articles addressing DUI issues: Negligent entrustment; When the police are in hot pursuit; What do you do when pulled over by the police; How should I dress for court; Ohio has a unique […]
[…] law, click on any of the following links to my other articles related to Ohio criminal law: When the police are in hot pursuit; Drug trafficking; Police can make a warrantless stop to give emergency aid; What do you do when […]