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Questions and Answers
What is the authority given to an arresting officer under the fresh pursuit doctrine?
What is a prerequisite for the power to arrest after fresh pursuit?
What does not negate the fresh pursuit doctrine?
What are the requirements for fresh pursuit to apply?
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What must an officer do if they make an arrest in a different county within their jurisdiction?
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Who must take the arrested person before a trial court judge of the county in which the arrest was made?
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What is the time frame for taking the arrested person before a trial court judge of the county in which the arrest was made?
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In which case did the court rule that fresh pursuit is not negated by the fact that the perpetrator and/or their vehicle are located for the first time outside the officer's jurisdiction?
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Study Notes
Fresh Pursuit
- Fresh pursuit allows a duly authorized state, county, or municipal arresting officer to arrest a person outside their jurisdiction.
- The officer has the same authority to arrest and hold the person in custody outside their jurisdiction as an authorized arresting officer within their jurisdiction.
Conditions for Fresh Pursuit
- The officer must have legally sufficient grounds to detain or arrest before leaving their jurisdiction.
- Fresh pursuit is not negated if the perpetrator and/or their vehicle are located for the first time outside the officer's jurisdiction.
- Three conditions must be met for fresh pursuit to apply:
- The police must act without unnecessary delay.
- The pursuit must be continuous and uninterrupted.
- There must be a close temporal relationship between the commission of the offense and the commencement of the pursuit and apprehension of the suspect.
Procedure After Arrest
- If an officer outside their jurisdiction makes an arrest in the state, they must immediately notify the officer in charge of the jurisdiction in which the arrest is made.
- The officer in charge of the jurisdiction and the arresting officer must take the person arrested before a trial court judge of the county in which the arrest was made without unnecessary delay.
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Description
Understand the authority of arresting officers in pursuit of a suspect outside their jurisdiction. Legal Guideline #21
