Moak: Criminal Justice Procedure, 8th Edition


Case Studies

Chapter 07: Search Incident to a Lawful Arrest: Hot Pursuit

While patrolling a neighborhood, two officers decided to stop at a convenience store to purchase a couple of sodas and snacks for the long shit ahead of them. When they pulled up to the store they saw man in a black ski mask run from the door. Shortly after the owner of the store appeared at the door screaming at the man. One of the officers jumped from the vehicle to ask the owner what was happening. The other officer began chasing the man with the patrol car. While talking to the owner of the store, the officer learned the owner had just been robbed at gun point by the man the officers saw running from the store. The officer then radioed to the other officer in the vehicle that he was chasing an armed fleeing felon and to apprehend him for the robbery of the store. The officer in the car chased the man as far as he could until he came to a gated fence. At the point the officer chased the man on foot. The officer followed the man into an apartment building where he saw the man enter one of the apartments. The officer then ran into the occupied apartment. The residence were screaming and yelling that the man had run into the back room. After a short standoff, the officer was able to apprehend the suspect in the back room of the apartment. He was found in possession of a small hand gun and $300 in cash. The officer then made a short search of the room in which the man was arrested.

Questions

  1. Does this case fall in to the category of a hot pursuit?

    Correct Answer

    Yes. This case is an example of a hot pursuit. In this scenario, the officers were performing a routine patrol when a felony occurred resulting in a chase of the suspect.

  2. Did the officer need a warrant to enter the apartment?

    Correct Answer

    No. The officer did not need a warrant to enter the home. Because the officer new the suspect was armed and had just committed a dangerous felony, the officer was not required to stop the chase to receive a warrant.

  3. Did the officer need a search warrant to search the room the suspect was arrested in?

    Correct Answer

    No. Because emergency circumstances existed and for the safety of the residents and the officer, the officer did not need a warrant to search the room the suspect was arrested in. If the officer had searched anywhere else in the home where the suspect had not been, he would have needed a search warrant.

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