Policy Text
Roll Call Training Bulletin
Produced b y: Sergeant Clayton Buchanan , PSU Daniel Hahn , Chief of Police
Prepared by: Officer Jeff Kuhlmann , PSU Volume 97
UNDER THE FOURTH AMENDMENT, PURSUIT OF A FLEEING MISDEMEANOR SUSPECT
DOES NOT ALWAYS JUSTIFY A WARRANTLESS ENTRY INTO A HOME
7-5-21
This bulletin will address under what circumstances an officer is allowed to p ursue a misdemeanan t
suspect into a res idence without a warrant .
Summary
In Lange v. California , the United States Supreme Court held that an o fficer’s pursuit of a fleeing
misdemeanor suspect does not categorically justify a warra ntless entry into a home. Instead, as per
Supreme Court precedent, a case -by-case assessment of exigency is required when deciding whether a
suspected misdemeanant’s fl ight justifies a warrantless home entry.
Background
Arthur Lange drove by a California highway patrol officer in Sonoma. Lange was playing l oud music with
his windows down and repeatedly honking his horn. The officer began to tail Lange, and soon afterward
turned on his overhead lights to signal that Lange should pull over. By that time, how ever, Lange was only
approximately 100 hundred feet ( and about a four -second drive) from his home. Instead of stopping,
Lange continued to his driveway and entered his attached garage. The officer followed Lange into the
garage and began questioning him. O bserving signs of intoxication, the officer put Lange through field
sobriety tests. Lange did not do well on these tests. A later blood test revealed that Lange’s blood -alcohol
content was more than three times the legal limit.
Hot pursuit of a misdemeanor suspect alone does not justify a warran tless entry into a home. When
chasing a misdemeanor suspect into a residence an officer should consider the totality of
circumstances , exigency , and some of the following factors:
• Is there reasona ble belief of imminent destruction of evidence?
• Is there risk of injur y to occupants or others ?
• Is there time to obtain a warra nt?
In other words, a warrant is required for entry into a location where there is an expe ctation of privacy,
unless exigent circumstances are present .