Also known as:flights · fleeing · fled · flight from justice
Written by attorneys · grounded in primary & secondary sources — see below
The act of fleeing, especially to evade arrest or prosecution.
Sources & Authorities
How it applies
Common Examples
6
Hot Pursuit Into Home
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.
Interstate Extradition Demand
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.
Murder Presumption From Flight
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.
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Cases
Uniform Acts
Model Codes
Restatements
Dictionaries
Assault Apprehension Through Flight
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.
Burglary During Escape
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.
Flight To Avoid Prosecution
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.
Penn Central Transportation Co. et al. v. New York City438 U.S. 104, 98 S.Ct. 2646, 57 L.Ed.2d 631 (1978)
Common questions
Frequently Asked
5
When does flight after a felony support a murder conviction?+
Flight 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.
Does flight alone justify warrantless home entry?+
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.
How does flight affect extradition between states?+
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.
When is flight relevant to an assault claim?+
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.
Does flight extend the duration of a burglary offense?+
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.
438 U.S. 104, 98 S.Ct. 2646, 57 L.Ed.2d 631 (1978)Property
…a “taking” Causby emphasized that Government had not “merely destroyed property [but was] using a part of it for the flight of its planes.” Id. , at 262-263, n. 7. See also Griggs v. Allegheny County , 369 U. S. 84 (1962) (overflights held a taking); Portsmouth Co. v. United States , 260 U. S. 327 (1922)…