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Nobody Talks, Everybody Walks. Ohio criminal defense lawyer with nearly 40 years experience

“When I was arrested by the Feds on Drug Conspiracy charges, they told me I was facing mandatory life in federal prison without the possibility of parole. I knew that I was innocent, but I was scared . . . so I knew that I would have to find a lawyer who was not afraid of the Feds and would take my case to trial. I chose Greg Robey because he is a fighter. After over 2 weeks in a federal jury trial, I was found Not Guilty of all charges. My family and I am forever grateful to Mr. Robey.” -L.B., Mansfield, Ohio

What Does “Hot Pursuit” mean?

Hot Pursuit is a situation where law enforcement is actively chasing an individual suspected of a crime, and it provides an exception to the normal requirement that the police have a warrant to search you or your home. Hot pursuit is a type of exigent circumstance, which is a general category of circumstances under which officers do not need a warrant to conduct a search.

Some important points regarding “hot pursuit” include;

  • If officers are in hot pursuit of a suspect who flees to a house, the police may enter without a warrant, even where the underlying charge for which the officers are seeking arrest is only a misdemeanor. (Middletown v. Flinchum)
  • Unless a suspect consents to a search or exigent circumstances (like hot pursuit) are present, an arrest warrant does not authorize search of subject's home. A separate search warrant is required. (Steagald v. United States)
  • The Second District Court of Appeals decided a case regarding hot pursuit, a type of exigent circumstance, that provides law enforcement with an exception to the warrant requirement. The Court decided that officers may make a warrantless entry into a home while pursuing a suspect for any crime, as long as the pursuit begins in a public place. The decision is somewhat controversial, since it could lend itself to overreach, and may be reviewed by the Ohio Supreme Court in the future. (State v. Lam)

If you have been accused of any type of crime, you need an Ohio criminal defense attorney who is experienced with search warrant issues and can provide zealous representation in order to protect your rights.

 

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