Police Violate Due Process Right by Crossing State Borders and Ignoring Fresh-Pursuit Laws

more+
less-

Either by statute or common law, nearly all states allow officers from neighboring states to cross borders to make an arrest, but they usually require that officers immediately present the suspect to a magistrate in the state where the arrest takes place to determine whether the arrest is valid. If the arrests are deemed valid, then the officers can take the suspects back to their home states. Evidence collected from an arrest made in violation of a neighboring state’s fresh-pursuit law should be suppressed. States that do not suppress argue that this is largely an issue of state sovereignty, while states that do exclude this evidence view the violations as an infringement of the defendant’s due process rights. The arrests made in violation of fresh-pursuit laws and the evidence obtained as a result must be suppressed to encourage future compliance, assure comity, and safeguard the individual’s right to be free from unlawful seizures.

LOADING PDF: If there are any problems, click here to download the file.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Che Odom | Attorney Advertising

Written by:

more+
less-

Che Odom on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×