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AK: Hot pursuit of a fleeing speeder into his house was unreasonable

By John Wesley Hall, Jr.

Defendant was seen speeding, and he fled from Sitka, Alaska police officers into his house trailer. The officer entered in hot pursuit. This entry was unreasaonble because the exigency was not serious enough to permit an entry into the home. DUI charge dismissed by trial court was affirmed. State v. Siftsoff, A-10322 (Alaska April 30, 2010): We conclude that Judge George’s order accurately reflects Alaska law. We have reviewed the Alaska cases which discuss the “hot pursuit” exception to the warrant requirement. In reviewing these cases, we find that the decisions do not support allowing the police to enter a residence merely because the police are engaged in an immediate and continuous pursuit of a suspect. The police must have “a compelling need for official action and no time to secure a warrant...continue to full post

Full post as published by Fourth Amendment on April 30, 2010 (boomark / email).