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1 1 (July 22, 2021)

handle is hein.crs/govedzs0001 and id is 1 raw text is: Congressional ______ *.Research Service ~~~ ~~~nforming the legislative d bate since 1914 __________________ Hot Pursuit Doctrine and Fleeing Misdemeanor Suspects: Case-by-Case Analysis Required July 22, 2021 On June 23, 2021, the Supreme Court issued an opinion in Lange v. California holding that under the Fourth Amendment, the pursuit of a fleeing misdemeanor suspect does not categorically qualify as an exigent circumstance justifying a law enforcement officer's warrantless entry of a home. In a 9-0 decision, authored by Justice Kagan, the Court determined that the need for a warrant in these types of scenarios will depend on the totality of the circumstances and a case-by-case analysis of the exigencies present. Fourth Amendment The Fourth Amendment to the U.S. Constitution protects the right of the people to be free from unreasonable searches and seizures, and that no Warrants shall issue, but upon probable cause. This right hinges on an individuals' reasonable expectation of privacy in the place to be searched or the thing to be seized. Applying this principle, the Supreme Court has held that homeowners possess a privacy interest that extends inside their home and the immediately surrounding curtilage. The Court also has held that warrantless searches and seizures inside a home are presumptively unreasonable, but because reasonableness is the cornerstone of the Fourth Amendment, the presumption may be overcome in some circumstances and, as such, the warrant requirement is subject to exceptions. One exception to the Fourth Amendment's warrant requirement is the exigent circumstances exception, which applies when the exigencies of the situation make the needs of law enforcement so compelling that [a] warrantless search is objectively reasonable under the Fourth Amendment. The Court has identified several exigent circumstances that may justify a warrantless entry of a home which include: preventing violence and restoring order, rendering emergency assistance to an injured occupant or to protect an occupant from imminent injury, preventing the destruction of evidence or some other consequence improperly frustrating legitimate law enforcement efforts, or hot pursuit of a fleeing felony suspect. Congressional Research Service https://crsreports.congress.gov LSB10630 CRS Legal Sidebar Prepared for Members and Committees of Congress