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HOT PURSUIT JUSTIFIED WARRANTLESS ARREST IN DEFENDANT’S HOME (SECOND DEPT).

The Second Department determined defendant’s motion to suppress his statements based upon his warrantless arrest in the garage of his home was properly denied. Defendant had failed to stop, led the arresting officer on a high speed chase, and hid in the rafters of his garage:

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… [T]he People established that the detective’s entry was justified by the doctrine of hot pursuit. “[S]ubject only to carefully drawn and narrow exceptions, a warrantless search of an individual’s home is per se unreasonable and hence unconstitutional” … . However, “exigent circumstances or a true hot pursuit’ may justify a warrantless entry”… . “[A] criminal suspect may not thwart an otherwise proper arrest which has been set in motion in a public place by retreating into his residence”… . Here, the exigent circumstances justifying the hot pursuit of the defendant into his garage included the defendant’s observed erratic and dangerous driving, the crashing and abandoning of his vehicle, and the police officers’ peaceful entry through the open door of the garage … . People v Caputo, 2017 NY Slip Op 07614, Second Dept 11-1-17

 

CRIMINAL LAW (HOT PURSUIT JUSTIFIED WARRANTLESS ARREST IN DEFENDANT’S HOME (SECOND DEPT))/SUPPRESS, MOTION TO (CRIMINAL LAW, HOT PURSUIT JUSTIFIED WARRANTLESS ARREST IN DEFENDANT’S HOME (SECOND DEPT))/WARRANTLESS ARREST (HOT PURSUIT JUSTIFIED WARRANTLESS ARREST IN DEFENDANT’S HOME (SECOND DEPT))/PAYTON RULE (WARRANTLESS ARREST, HOT PURSUIT JUSTIFIED WARRANTLESS ARREST IN DEFENDANT’S HOME (SECOND DEPT))/HOT PURSUIT (WARRENTLESS ARREST, HOT PURSUIT JUSTIFIED WARRANTLESS ARREST IN DEFENDANT’S HOME (SECOND DEPT)

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