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LA4: Hot pursuit of fleeing misdemeanant into house was reasonable

By John Wesley Hall, Jr.

Hot pursuit for a fleeing misdemeanant (discarding an apparent joint in public in front of officer) into his home was reasonable under the Fourth Amendment. State v. Bell, 2009 La. App. LEXIS 2091 (4th Cir. December 9, 2009). Questions to the defendant amounted to a seizure because he was not free to go. The emergency aid exception argued by the state fails because there was no concern expressed by the officer for defendant’s well-being. State v. Montano, 2009 NMCA 130, 2009 N.M. App. LEXIS 223 (October 16, 2009), released for publication December 1, 2009.* Defendant as a mere possessor of a cell phone did not have standing to contest the state’s production of records from the cell phone. He did not show a connection to the cell phone...continue to full post

Full post as published by Fourth Amendment on December 16, 2009 (boomark / email).