Do You Need a Warrant to Enter a Home While in Hot Pursuit? Rules Differ for Potential Felons and Misdemeanants

By Robert Phillips, Deputy District Attorney (Ret).

Legal Issues and Case Citation

• Hot pursuit and exigent circumstances
• Fleeing felons and warrantless entries into a home
• The exigency of obtaining a DUI suspect’s blood-alcohol content
• The number of shots fired vs. gun-related charges

 Rule: Chasing a fleeing reckless-DUI felony suspect into a home is lawful despite the lack of a search warrant. Where officers reasonably believe that a fleeing felon is under the influence of drugs or alcohol, a warrantless entry into a residence to expedite the obtaining of a blood sample is lawful. Police are not required to interrupt their efforts to secure a barricaded suspect for the purpose of obtaining a warrant. The number of gun-use-related charges need not equal or be fewer than the number of shots fired.  

Summary: The defendant led police officers on a reckless high-speed vehicle case ....