U.S. Supreme Court,
Criminal,
Constitutional Law
Jun. 29, 2021
Supreme Court taps the brakes on 'hot pursuit' doctrine
On June 23, the U.S. Supreme Court decided that the “hot pursuit” of a fleeing misdemeanor suspect, as contrasted with a felony suspect, does not constitute a categorical exception to the Fourth Amendment requirement that police obtain a warrant before entering a home, and that additional “exigent circumstances,” in addition to the flight, itself, must exist to justify a warrantless entry.
Gary Schons
Of Counsel
Best Best & Krieger LLP
Public Law
655 W Broadway Ste 1500
San Diego , CA 92101
Phone: (619) 525-1348
Fax: (619) 233-6118
Email: gary.schons@bbklaw.com
U San Diego School of Law
On June 23, in one of the final decisions handed up this term, the U.S. Supreme Court decided by an 7-2 margin that the "hot pursuit" of a fleeing misdemeanor suspect, as contrasted with a felony suspect, does not constitute a categorical exception to the Fourth Amendment requirement that police obtain a warrant before entering a home, and that additional "exigent circumstances," in addition to the flight, itself, must exist to justify a warrantless entry. The decisio...
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