The Doctrine of Hot Pursuit - Essay Example

The main principle or premise that underlies this rule is that “an act is deemed to be committed not only where the physical movements occur but also where the consequences take effect.” (Williams, 1939). The main justification of the hot pursuit exception is reposed in the landmark case of Warden v. Hayden (387 U.S. 294 [1967]) where the warrantless entry of the police into the house of the suspect was deemed justified by the majority because the "exigencies of the situation made that course imperative" (p. 298). But a rule to follow, according to Worrall (2011), is that “the nature of the exigency defines the scope of the search.

” This means that the exigency must be of so grave a nature and so compelling a reason before a search may be commenced without a warrant. This case of Warden also propounded other justifications. According to Justice Brennan, the imperatives of the Fourth Amendment “does not require police officers to delay in the course of an investigation if to do so would gravely danger their lives or the lives of others" (pp. 298-299). It was also reasonable for the police officers, according to the decision, to ensure that had control of all weapons which could be used against them or to effect an escape" (p. 299). Another important rule to consider is that there must be no time at all to get a warrant.

If there is a reasonable period that the police officers can use to procure a warrant, then the most prudent course of action would simply be to get the warrant and then apprehend the suspect or search his premises on the strength of the warrant of arrest or search warrant. In the case of Welsh v. Wisconsin (466 U.S. 740 [1984]) the Court held that the hot pursuit exception cannot be made to apply “because there was no immediate or continuous pursuit of the petitioner from the scene of [the] crime".

The doctrine of hot pursuit is relevant in issues of maritime security. To quote Allen (1989), “hot pursuit will become increasingly important in the future as coastal states are compelled to adopt better technologies to patrol their adjacent waters to interdict illegal drug traffickers and protect coastal fisheries resources against exploitation and pollution damage.” Indeed, the hot pursuit doctrine is an effective principle in ensuring that our law enforcement agents remain, effective enforcers of law and order, and search while still maintaining adherence to cherished constitutional principles.