Legal Question in Criminal Law in Texas
HOTpursuitof a fleeing suspect
underlaw src-arrs.b. 627 76 (r) is a municipal police officer/patrolman protected from liability and if so is the police dept also protected,in fresh pursuit of a fleing suspect,may u enter a premises during fresh pursuit with out a warrant!
1 Answer from Attorneys
Re: HOTpursuitof a fleeing suspect
The "fresh pursuit" or "hot pursuit" doctrine permits a law enforcement officer to enter premises in his ongoing attempt to place a suspect under valid arrest without first obtaining an arrest or search warrant.
This doctrine in no way changes the requirement that the law enforcement officer use reasonable means and force to accomplish his purpose. If he uses excessive force or takes action which results in great bodily injury, he may have legal liability, as will his employer, for those unauthorized actions. May is the correct word, as those actions will ultimately be judged by a jury if litigation results.
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