Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

ID: Hot pursuit justified entry into home of a DUI suspect who refused to stop on command

By John Wesley Hall, Jr.

Entry into defendant's home in "hot pursuit" was valid where officer attempted to stop DUI suspect right after a domestic disturbance call. She got out of her car and walked to her house, ignoring the officer's order to stop. She got in the door with the officer right behind her. State v. Finnicum, 2009 Ida. App. LEXIS 35 (April 2, 2009): Given these circumstances, Deputies McFarland and Vrevich acted lawfully when they followed Finnicum into the house because they were completing a justified arrest that had been set in motion in a public place. This conclusion is dictated by the United States Supreme Court's decision in Santana. There, police possessing probable cause to arrest Santana for a drug offense went to her house, where she was standing in the doorway...continue to full post

Full post as published by Fourth Amendment on May 17, 2009 (boomark / email).