Also known as: recens insecutionis · fresh pursuit · hot pursuit
Written by attorneys · grounded in primary & secondary sources — see below
An ancient common-law doctrine authorizing immediate pursuit and summary recapture of stolen goods or arrest of a thief upon discovery of the wrong. The doctrine permits the use of reasonable force or warrantless entry when the pursuit is continuous and without delay.
Officers spot Rachel Ramirez on a public sidewalk with probable cause to arrest her for felony theft. She flees into her nearby apartment. The officers pursue her inside without a warrant, effect the arrest, and seize the stolen items in plain view during the continuous chase.
Roland Rhodes watches Raven Logistics load his equipment onto a truck and drive away. He immediately follows in his own vehicle, catches the truck on the next block, and uses limited physical force to unload the items before the driver can depart.
Select any source to read its text and confirm it supports the definition.
Police pursue Raphael Rivera, a fleeing felon, from the street into a house. Once inside they conduct a search broad enough to locate weapons and prevent escape, seizing evidence they encounter during the continuous effort to apprehend him.
Officers observe Rowan Russell commit a robbery in a public park and immediately chase him as he runs into a private residence. They follow without pausing to obtain a warrant and complete the arrest inside the home.
Roger Ramirez discards evidence while fleeing officers through a public area and into a building. The officers maintain unbroken visual contact and enter to retrieve the items without first securing a warrant.
Ryan Roberts is identified by a reliable informant as the person who just stole a vehicle. Officers locate him on the street, initiate pursuit when he flees, and follow him into a dwelling to complete the arrest without delay.
Yes. The primary authorities require that officers have probable cause to arrest in a public place before the suspect retreats into a dwelling. The continuous nature of the chase then justifies the warrantless entry.
The force must be used immediately or on fresh pursuit after the dispossession. Any substantial break in time or continuity defeats the justification.
Officers may conduct a search as broad as reasonably necessary to prevent escape, ensure safety, and seize weapons or evidence encountered during the pursuit.
Yes, provided the actor believes the dispossession was unlawful, that immediate force is necessary, and that the force is used immediately or in fresh pursuit.
…the warrant requirement can only be excused by exigent circumstances, see, e. g. , Warden v. Hayden , 387 U. S. 294 (1967) (hot pursuit); cf. Preston v. United States , 376 U. S. 364, 367-368 (1964). But we deal here with an entire rubric of police conduct—necessarily swift action predicated upon the on-the-spot…