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 around his neighborhood, culminating with the defendant crashing into a parked car at the same location where the chase had started. It appeared at the time, given the defendant’s erratic behavior during the chase, that he was under the influence of drugs or alcohol. After the ....