Discussion of the Evolving Caselaw Involving Pursuing a Misdemeanor Suspect into a Residence

Hot Pursuit of a Misdemeanor Suspect into a Residence – Caution is in Order  
By Ray Hill, Professor Emeritus 
Santa Rosa Junior College 

Thank you to Jake Junge of Whittier Police Department for his question that prompted this article. 

In discussing this issue, I have referenced several case decisions outlined in Bob Phillips’ “The Fourth Amendment – Search and Seizure – An Update,” 25th Edition, February 2025, available to Pro Subscribers). 

As you will see, some case decisions are conflicting, and the explanation of exigency is not fully defined. 

In 2021, the U.S. Supreme Court clarified the Fourth Amendment landscape in this area in Lange v. California (2021) 594 U.S. 295. In this unanimous decision, the court held that the hot pursuit of a fleeing misdemeanor suspect does not always or categorically qualify as an exigent circumstance justifying a warrantless entry into a home. Such entries must be judged on a case-by-case basis and whether there are further exigent circumstances excusing the general warrant requirement for a residential entry.  

The circumstance in Lange were as follows: 

 A CHP officer initiated a traffic stop on Lange’s vehicle for a loud music violation and repeatedly honking his horn. When the officer turned on emergency lights, Lange drove another 100 feet into the driveway of his Sonoma Valley home and parked inside the garage. The officer exited his vehicle, prevented Lange from closing the garage door, entered the garage and began questioning. Lange displayed symptoms of intoxication, failed field sobriety tests and was arrested for DUI.  

The court ruled in making such a residential entry, an officer must consider all the circumstances involving “hot pursuit” prior to making such an entry (nature of the violation, nature of flight or evasion, risk of escape, destruction of evidence, harm to others).  

In this case, there was no evidence of evasion or flight or that Lange even knew the officer was following him. There was a very brief period between the time when the officer activated the red lights and when Lange pulled into his driveway. Any failure to yield was negligible. Entry into the garage to conduct further ....

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