Also known as: flights · fleeing · fled · flight from justice
Written by attorneys — see sources below.
The act of fleeing, especially to evade arrest or prosecution.
Officers spotted Floyd Franklin running from a robbery scene and followed him into a nearby house. They entered without a warrant and searched rooms to prevent his escape while seizing a weapon they encountered. The search remained limited to areas where Franklin could hide or resist.
Fatou Fall was charged with felony theft in State A and fled to State B. State A's governor demanded her return under the extradition clause. State B's executive honored the demand and delivered Fall to State A authorities.
Faye Fuller joined an armed robbery and fled the scene after the victim was shot. Prosecutors relied on the flight to presume extreme indifference to human life. The jury convicted her of murder rather than manslaughter.
Francesca Fiore raised her fist toward Felipe Figueroa during an argument. Figueroa believed contact was imminent unless he fled or defended himself. His reasonable fear of immediate harm supported an assault claim even though no blow landed.
Francesca Fowler broke into a warehouse at night and stole electronics. She was still inside the building fleeing toward the exit when officers arrived. The timing of her flight kept the offense classified as second-degree burglary.
A developer fled the jurisdiction after permit violations were discovered on a historic site. Regulators argued the flight evidenced intent to evade compliance orders. The owner's departure supported a finding that enforcement actions did not effect a taking.
In 1965 New York City enacted the Landmarks Preservation Law, which created an eleven-member Landmarks Preservation Commission and authorized it to designate buildings at least thirty years old that possess special historical or aesthetic interest. The law required owners of designated landmarks to obtain Commission approval before altering exterior architectural features and imposed an affirmative duty to keep those features in good repair. In August 1967 the Commission designated Grand Central Terminal a landmark and the city tax block it occupies a landmark site; the Board of Estimate confirmed the designation the following month. Penn Central Transportation Co. and its affiliates owned the Terminal, an eight-story Beaux-Arts structure completed in 1913 that served as the main station for the New York Central and Harlem lines. On January 22, 1968, Penn Central entered a fifty-year renewable lease with UGP Properties, Inc., under which UGP agreed to construct a multistory office building cantilevered above the Terminal and to pay Penn Central at least three million dollars annually after construction. Penn Central and UGP submitted two plans prepared by architect Marcel Breuer: Breuer I, a fifty-five-story tower resting on the Terminal roof, and Breuer II Revised, a fifty-three-story building that would have removed part of the 42d Street facade. After four days of hearings at which over 80 witnesses testified, the Commission denied this application as to both proposals. Penn Central filed suit in New York Supreme Court, Trial Term, seeking a declaratory judgment, injunctive relief, and damages for a temporary taking. The trial court granted the injunctive and declaratory relief. The Appellate Division reversed, holding that Penn Central had failed to prove deprivation of all reasonable beneficial use. The New York Court of Appeals affirmed, concluding that the Terminal could still earn a reasonable return and that transferable development rights provided significant compensation. The Supreme Court noted probable jurisdiction.
View caseFlight after committing or attempting robbery, rape, arson, burglary, kidnapping, or felonious escape raises a presumption of recklessness manifesting extreme indifference to human life under the Model Penal Code.
Hot pursuit of a fleeing felon permits officers to enter a dwelling without a warrant when the search is reasonably necessary to prevent escape and ensure safety.
A person charged with a crime who flees to another state must be delivered up on demand of the executive authority of the state from which the person fled.
A victim who reasonably believes harmful contact is imminent may avoid liability for the actor by taking flight, which satisfies the apprehension element of assault.
An act is deemed in the course of committing burglary if it occurs during flight after the attempt or commission, which can elevate the degree of the offense.