TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 5 P34

Gale Encyclopedia of American Law Volume 5 P34 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 318 HOT PURSUIT prevent the rise of a police state. The requirement that police officers obtain search warrants prevents arbitrary violations of freedom applying equally to federal and state authority. Yet this freedom is not absolute. In the twentieth century the Supreme Court has carved out a few exceptions to its protections. These exceptions exist under exigent circumstances the emergencylike demands of specifically defined situations that call for immediate response by the police who must have probable cause to conduct a search. Generally these are circumstances under which obtaining a search warrant would be impractical ranging from those requiring officers to frisk suspects for weapons to those requiring officers to stop and search automobiles as well as when suspects explicitly consent or imply consent to a search. Hot pursuit is one such exigent circumstance. It usually applies when the police are pursuing a suspected felon into private premises or have probable cause to believe that a crime has been committed on private premises. The Supreme Court stated that hot pursuit means some sort of a chase but it need not be an extended hue and cry in and about the public streets United States v. Santana 427 . 38 96 S. Ct. 2406 49 L. Ed. 2d 300 1976 . Hot pursuit also applies when the lives of police officers or others are in danger. Thus the Court has recognized two specific conditions that justify warrantless searches under the rule of hot pursuit the need to circumvent the destruction of evidence and the need to prevent the loss of life or serious injury. The Supreme Court enunciated the rule of hot pursuit in 1967 in Warden v. Hayden 387 . 294 87 S. Ct. 1642 18 L. Ed. 2d 782. It had used the term before but in Warden it explicitly condoned a certain form of this warrantless search. In this case police officers pursuing a suspected armed robber were told that he had entered a dwelling moments before their arrival. They entered the dwelling searched it and

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