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IL: DUI qualifies for hot pursuit under Santana and not Welsh because DUI was jailable

By John Wesley Hall, Jr.

Hot pursuit of a DUI suspect (a class A misdemeanor) justified entry into the defendant's home. This situation is like Santana, and Welsh is distinguished because it involved a fine-only offense, not a jailable offense. People v. Wear, 2008 Ill. LEXIS 636 (July 24, 2008): Here, we see little relevant difference between this case and Santana. In both cases, the officers had probable cause to arrest when they were standing in the doorway, which is considered a public place. The Santana Court held that police were not required to refrain from entering the home and arresting her without a warrant. Similarly, Officer Dawdy was not required to refrain from entering Foiles' home and arresting Wear without a warrant because he had probable cause to arrest the Wear at the threshold and Wear continued inside...continue to full post

Full post as published by Fourth Amendment on July 28, 2008 (boomark / email).