[20210722]LSB10630_追击主义和逃逸轻罪嫌疑人：需要逐案分析.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Hot Pursuit Doctrine and Fleeing Misdemeanor Suspects: Case-by-Case Analysis Required July 22, 2021 On June 23, 2021, the Supreme Court issued an opinion in Lange v. California holding that under the Fourth Amendment, the pursuit of a fleeing misdemeanor suspect does not categorically qualify as an exigent circumstance justifying a law enforcement officers warrantless entry of a home. In a 9-0 decision, authored by Justice Kagan, the Court determined that the need for a warrant in these types of scenarios will depend on the totality of the circumstances and a case-by-case analysis of the exigencies present. Fourth Amendment The Fourth Amendment to the U.S. Constitution protects the “right of the people” to be free from “unreasonable searches and seizures,” and that “no Warrants shall issue, but upon probable cause.” This right hinges on an individuals reasonable expectation of privacy in the place to be searched or the thing to be seized. Applying this principle, the Supreme Court has held that homeowners possess a privacy interest that extends inside their home and the immediately surro