Hot Pursuit and Warrantless Entry in Minnesota

What Hot Pursuit Is

Hot pursuit allows police, in the middle of an immediate and continuous chase of a fleeing suspect, to follow that person into a place they otherwise couldn't enter without a warrant. The justification is the emergency created by the flight itself — the suspect could escape, destroy evidence, or pose a danger.

What this means for you: The pursuit has to be genuine and continuous. A delayed or interrupted "pursuit" — where police had time to get a warrant — generally doesn't qualify.

The Seriousness of the Offense Matters

This is a key limit, particularly for entry into a home. Courts are far more skeptical of warrantless home entry in pursuit of someone suspected only of a minor offense. The U.S. Supreme Court has made clear that pursuit of a fleeing misdemeanor suspect does not categorically justify warrantless entry into a home — the circumstances of each case must show a real exigency.

What this means for you: If police followed someone into a home over a petty or minor offense, the entry is a strong candidate for challenge. The more minor the offense, the weaker the hot-pursuit justification.

The Home's Heightened Protection

Because the home receives the strongest Fourth Amendment protection, warrantless entry in hot pursuit is scrutinized closely. Police must show genuine immediacy — that waiting to get a warrant would have allowed escape, harm, or loss of evidence.

Scope Once Inside

Even valid hot pursuit only justifies what the pursuit requires — locating and apprehending the suspect. It is not a general license to search the home for evidence. A search that goes beyond the pursuit's purpose can become unlawful and may require separate justification.

What this means for you: Evidence found while police were lawfully pursuing may be admissible; evidence found from a broader search beyond the pursuit is vulnerable to suppression.

How It Connects to Exigent Circumstances

Hot pursuit is one category of exigent circumstances. The same core principles apply: the State must prove a genuine emergency, police cannot manufacture it, and the justification ends when the exigency does. It also intersects with warrantless home entry rules.