State prosecutors generally only bring charges when they have enough evidence to potentially win their case. The legal requirements for criminal prosecution are quite high. Prosecutors must prove beyond a reasonable doubt that the defendant committed a specific criminal act.
In many cases, individuals facing criminal charges develop defense strategies intended to undermine the prosecutor’s evidence. Sometimes, defense attorneys hire expert witnesses to assess evidence or develop an alternative narrative. Other times, they may look for ways to suppress evidence and prevent the prosecutor from presenting it during the trial.
An illegal search is one of the most common reasons that defense lawyers can suppress evidence before a trial begins. In cases involving forced entry onto private property due to a hot pursuit of an unrelated individual, there may be grounds to suppress evidence.
What is a hot pursuit?
A hot pursuit occurs when police officers chase a suspect after encountering them at the scene of a crime or identifying them in public nearby. Hot pursuits may involve a foot chase or the use of vehicles.
If the suspect flees onto private property, police officers may follow them. They may jump over a fence or even force their way into the home, apartment or business that they believe a suspect entered. They may then find evidence of completely unrelated criminal activity, such as drug offenses, after forcing entry without a warrant or permission.
In such cases, the necessity of the hot pursuit and the severity of the initial crime are key considerations. Specifically, if the pursuit is the result of a misdemeanor offense, the desire to apprehend the suspect may not justify incursions onto private property.
Therefore, any searches of residences or businesses that occur after a hot pursuit caused by a misdemeanor offense may yield unusable evidence. There may be other details about the situation that can also raise questions about the validity of the search and the usefulness of the evidence secured.
Reviewing police officer conduct with a defense attorney can be helpful for those arrested after a surprise search. Hot pursuit scenarios may lead to drugs charges or allegations of weapons offenses that defendants may be able to defeat with the right legal support.
