Posted: 9/21/2006 4:04:21 PM EDT
Settle an argument I have with the wife. If a cop needs a warrant or cause to come onto your private property why can they come onto your property when in pursuit of a dirtbag? I guess the question stated is what gives a cop the right to trespass when in pursuit. Is it a premise/property thing? Thanks for the education.
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The whole thing about needing a warrant is to protect the homeowner's rights. The warrant needs to be signed by a judge, who *presumably* looks at some kind of evidence that your home (and rights) need to be invaded. This is to prevent "unreasonable search and seizure." When a cop has reasonable cause to believe that a crime has just been committed (e.g.. he saw the crime being committed), he has a right and responsibility to apprehend an individual. This is where 'hot pursuit' comes in. |
+1 Usually "hot pursuit" is in reference to one of the search warrant exceptions under exigent circumstances....and then some jurisdictions prefer it to be for a felony. This is, almost without exception, in reference to entering a residential structure. Yards are fair game in a chase (regardless of the seriousness of the crime). The Supreme Court has ruled on this, but I've found the local jurisdictions seem to augment department policies so that additional circumstances must exist before certain constitutional actions may be taken. LIABILITY is the watchword of the command staff. |
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Plus I don't need to come onto or around your property as long as I stay outside your curtilidge (sp?). Basically it means I can look into your outbuildings and such, but not into spaces commonly resided in or close to placed that are resided in. How about opening that can of worms now........ 
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About 10 years ago, I pursued a vehicle originally wanted for traffic violations and suspicion of DUI considering how bad he was driving. The chase ended in a residential area when John Q. Dirtbag the driver slammed on the brakes and pulled halfway off the road into someone's front yard, because he saw another squad approaching from the opposite end of the block. JQD decided it would be a good idea to continue on foot, running towards the house whose front yard he just invaded, in through the open front door and then slammed it behind him. I got to the door just as it shut and found it was locked. I proceeded to kick it and me and my backup entered with guns drawn to find the homeowner and his wife sitting in the front living room watching tv and now staring at us with "holy shit" looks on their faces. I asked where the guy went who ran in their house. They didn't know something was wrong until they heard me kick the door in. They thought it was their kid coming in. So we clear the house and find JQD hiding in a back room. Cuffed him and walked him out right past them. This time with an even bigger OH SHIT look on their faces. They didn't know the guy and I think were still trying to figure out exactly what just happened in their own house. Skip to the interview with JQD, he said he ran in the house cause we couldn't follow him inside w/o a warrant. This is an example of how the doctrine of fresh pursuit worked in my favor one day. |
I have had this happen (in a similar way) on a couple of occasions and never had a problem in court. One JQD ran into his own house (unknown to me at the time) and locked the door. I forced it open, made the apprehension and my Captain was fixing the door as I left for the jail. Hot Pursuit.
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