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Fresh Pursuit Law

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Questions and Answers

What is the authority given to an arresting officer under the fresh pursuit doctrine?

To arrest a person without probable cause

To arrest a person outside their jurisdiction with the same authority as an officer in that jurisdiction (correct)

To arrest a person without a warrant

To arrest a person only within their jurisdiction

What is a prerequisite for the power to arrest after fresh pursuit?

The officer must have made an arrest within their jurisdiction before

The officer had legally sufficient grounds to detain or arrest before they left their jurisdiction (correct)

The officer must have a warrant

The officer must have received permission from a superior

What does not negate the fresh pursuit doctrine?

The officer had no probable cause

The perpetrator and/or their vehicle are located for the first time outside the officer's jurisdiction (correct)

The officer did not give the perpetrator a warning

The officer failed to obtain a warrant

What are the requirements for fresh pursuit to apply?

The police must act without unnecessary delay, the pursuit must be continuous, and there must be a close temporal relationship between the commission of the offense and the commencement of the pursuit and apprehension of the suspect Signup and view all the answers

What must an officer do if they make an arrest in a different county within their jurisdiction?

Immediately notify the officer in charge of the jurisdiction in which the arrest was made Signup and view all the answers

Who must take the arrested person before a trial court judge of the county in which the arrest was made?

The officer making the arrest, along with the officer in charge of the jurisdiction in which the arrest was made Signup and view all the answers

What is the time frame for taking the arrested person before a trial court judge of the county in which the arrest was made?

Without unnecessary delay Signup and view all the answers

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?

Porter v. State Signup and view all the answers

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