"Hot Pursuit" or "Arrest Without Warrant"

When a police officer has reasonable grounds (or a "probable cause") based on their knowledge of circumstances and facts, that someone has committed or is about to commit a criminal act, the officer may arrest that person without a warrant. This situation is also called a "hot pursuit" arrest. In other words, having "reasonable grounds" is more serious than a suspicion, hunch or a guess. It means having a good reason for believing something and any fair-minded person in the same situation would think in the same way.

What Are Reasonable Grounds for a Warrantless Arrest? 

Reasonable grounds for a warrantless arrest, also known as probable cause, arise when a police officer believes that a person has committed or is about to commit a crime based on the facts and circumstances at hand. "Reasonable grounds" could result from diverse facts and beliefs that involve the following:

• Someone who nearly or has already committed a serious crime;
• Causing or is about to cause trouble in a public place;
• A suspect who would escape unless they’re arrested on the spot;
• Stopping someone from engaging in a terrorist act;
• Destroying or altering evidence, unless arrested instantly;
• A mentally ill person who is considered a danger to themselves or the public;
• Someone who could instantly harm someone or damage a property;
• There’s not a large time gap between the arrest and the time when the crime was committed (otherwise, a warrant would be needed).

What Constitutes Reasonable Suspicion? 

"Reasonable suspicion" is a lawful standard of evidence that’s less than "probable cause", but more than an "unparticular hunch or suspicion". It’s established based on "exact and articulable facts" and must be connected to the person about to be arrested. While probable cause allows for an arrest without a warrant, reasonable suspicion only justifies a temporary detention or a "Terry stop." When a police offer has reasonable suspicion that someone they detained is armed and dangerous, they might "frisk" the suspect for weapons only (not for drugs). Reasonable Suspicion is based 100% on the "reasonable officer" or "reasonable person" standard.

What Is Detention and When Does It Apply? 

Detention refers to the temporary holding of an individual by law enforcement authorities to determine if further action, such as arrest or prosecution, is warranted. This process is often crucial in criminal investigations, ensuring that individuals who may pose a risk or have information pertinent to a case are contained until the situation is clarified. A key aspect of detention is the concept of an arrest without warrant, which allows police officers to detain individuals without prior judicial authorization under certain conditions. This can occur when an officer has probable cause to believe that a person has committed a crime or is in the act of committing one, or in situations where immediate action is necessary to prevent harm or secure evidence. It’s important to note that detention can apply in scenarios such as car or pedestrian stops, or when police must execute a search warrant at a resident’s home. The line between detention and arrest can sometimes be unclear, with detention easily evolving into arrest. If an individual who has been arrested believes there was no legal cause for their arrest, they may pursue a civil lawsuit for malicious prosecution or false arrest. Understanding these nuances helps clarify the boundaries of law enforcement powers and the rights of individuals in these situations.

When Can the Police Conduct a Warrantless "Terry Stop"? 

A Terry Stop, named after the landmark Supreme Court case Terry v. Ohio, allows police officers to stop and question individuals without a warrant under specific circumstances. This type of stop, also known as a warrantless stop, is permitted when an officer has a reasonable suspicion that a person is involved in criminal activity. Unlike an arrest without warrant, which requires probable cause to detain someone for a longer period or to make a formal arrest, a Terry Stop is a brief, investigative detention. Although suspects have no legal obligation to identify themselves if asked by a police officer, certain behaviors or circumstances surrounding the stop could indicate probable cause for arrest. In such cases, the officer may proceed with a warrantless search, known as a Terry frisk or Terry stop, which is conducted to ensure the officer’s safety by checking for concealed weapons or firearms. This practice allows law enforcement to address potentially suspicious activities while still respecting constitutional protections against unreasonable searches and seizures.

What Are Exigent Circumstances for Arrests Without a Warrant? 

Exigent circumstances refer to situations that require immediate action by law enforcement, allowing them to conduct an Arrest Without Warrant. These circumstances are exceptional and justify bypassing the usual requirement of obtaining a warrant. In exigent situations, police can make warrantless in-home arrests, conduct searches, and perform seizures without waiting for a warrant.
In the following "exigent" situations, the police can make a warrantless in-home arrest, searches and seizures without having to wait for a warrant either:

• The police officer rings the doorbell and is let inside by someone who lives there;
• The police officer is in hot pursuit of an escaping suspect who runs into a house;
• The police officer believes that someone living at a certain address is in imminent danger.

To determine whether pressing conditions justified police conduct, a court must evaluate the gravity of the crime, its circumstances, and whether the suspect was escaping or trying to escape. The circumstances must indicate an emergency, for instance, screams heard, shots fired, or fire coming from inside a building.

What Are Your Custody Rights During and After a Hot Pursuit Arrest? 

During and after a hot pursuit arrest, where law enforcement detains an individual without a warrant while chasing them for a suspected crime, it is crucial to understand your custody rights. Even though an arrest without warrant may be legally justified under exigent circumstances, such as the immediate need to apprehend a fleeing suspect, your rights are protected under the Constitution.
From the time you are under arrest until you’re released from custody, you have the following rights:

• To stay silent;
• Have legal help and a lawyer;
• Interpretation and translation;
• Inform someone else that you are at the police station;
• Reasonable conditions (accommodation and regular meals).

What Happens After Custody? 

After custody, several important legal and procedural steps follow, shaping the future of the arrested individual’s case. Initially, the arrested person will be processed, which includes recording their personal information, taking fingerprints, and sometimes conducting a medical evaluation. 

Based on the evidence they have against someone when custody ends, the police can do any of the following:

• Charge the suspect with a crime – the suspect remains in custody;
• Charge but release the suspect with the condition to appear in court at a later date ("an undertaking");
• Charge and release the suspect without an undertaking;
• Release the suspect- when they’re no longer suspected of committing a crime;
• Release yet pending more inquiries –the arrested person is still a suspect but the police must investigate more;
• Release with conditions as a suspect –also known as"investigative liberation".

The latter restricts the suspect’s freedom for up to 28 days, for instance, they’ll not be allowed to speak to certain people or go to some places indicated by the police.

FAQ

Can I Sue for a Wrongful Warrantless Arrest?

Yes, you can potentially sue for a wrongful hot pursuit arrest. If you believe that you were arrested without proper legal grounds or that your rights were violated during the arrest, you might have grounds for a civil lawsuit. Such cases typically involve allegations of false arrest, unlawful detention, or excessive force. It’s important to document everything related to the arrest, including any interactions with law enforcement, and consult with an attorney who specializes in civil rights or criminal defense to explore your legal options.

What Should I Do If I Believe My Rights Were Violated During a Hot Pursuit Arrest?

If you believe your rights were violated, you should take the following steps:

• Document the Incident:Write down everything you remember about the arrest, including names of officers, badge numbers, and any witnesses.
• Seek Medical Attention: If you were injured, seek medical treatment and keep detailed records of your injuries.
• File a Complaint: You can file a complaint with the police department’s internal affairs division or civilian oversight board.
• Consult an Attorney:Contact a lawyer experienced in civil rights or police misconduct to discuss your case and determine the best course of action.
• Preserve Evidence:Keep any evidence related to the incident, including photographs, medical records, and police reports.

What If the Police Didn’t Have a Warrant for My Arrest?

In cases of hot pursuit, the police may not need a warrant if they have probable cause to believe that a crime has been committed or is about to be committed, and immediate action is necessary. This includes scenarios where delaying the arrest to obtain a warrant would result in the escape of the suspect or the destruction of evidence. However, if you believe the arrest was unlawful despite these conditions, you can still challenge it in court or through a civil rights complaint.

Can Police Enter My Home During a Hot Pursuit Without a Warrant?

Yes, police may enter a home without a warrant if they are in hot pursuit of a suspect who has committed a crime or is about to commit one. This is permitted under the exigent circumstances doctrine, which allows law enforcement to act immediately to prevent the suspect’s escape, the destruction of evidence, or harm to individuals. If you believe this entry was unlawful, you may challenge it in court or seek legal advice to address the situation.