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CA3: Ohio officers in fresh pursuit could arrest defendant in Pennsylvania without violating Fourth Amendment

By John Wesley Hall, Jr.

Arrest by Ohio State Troopers of defendant in Pennsylvania did not violate the Fourth Amendment. The officers were in hot pursuit (see Uniform Fresh Pursuit Act, Ohio Rev. Code §§ 2935.30 & 2935.31) with probable cause. What state law provides does not necessarily involve the Fourth Amendment under Virginia v. Moore. This arrest was reasonable. United States v. Sed, 2010 U.S. App. LEXIS 7075 (3d Cir. April 6, 2010): In Moore, police arrested Moore for driving on a suspended license, even though Virginia law empowered them to issue only a summons for that offense. Id. at 1601-02. The question presented to the Supreme Court was "whether a police officer violates the Fourth Amendment by making an arrest based on probable cause but prohibited by state law...continue to full post

Full post as published by Fourth Amendment on April 08, 2010 (boomark / email).