Exigent Circumstances/Hot Pursuit
§ 23:15 - Warrantless felony arrests in the home are prohibited by the Fourth Amendment, absent probable cause and exigent circumstances. Hot Pursuit is an exigent circumstance. Warden v. Hayden, 387 U.S. 294 (1967), involved a warrantless entry into a home after police were notified that a man who had just robbed a cab company had entered the house minutes earlier. 4 Barbara E. Bergman & Theresa M. Duncan, Wharton's Criminal Procedure, 23-55 (14th ed. 2010).
Search Incident to Arrest
§ 31:2 - The "search incident to arrest" doctrine permits an arresting officer to conduct a search of the arrestee and any area into which the arrestee reasonably might reach to retrieve weapons or evidence. See, Chimel v. California, 395 U.S. 752 (1969). Id. at 31-3.
Stop and Frisk
§ 29:2 - Considers two separate but related issues: (1) whether the officer had grounds to stop the suspect (seize the suspect) and, if so, (2) whether the officer had grounds to frisk the suspect for weapons (search). Id. at 29-6.
