Can police enter a home without a warrant if they were actively following someone suspected of DUI?

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Can police enter a home without a warrant if they were actively following someone suspected of DUI?

The individual pulled into their driveway and refused to follow commands to stop but ran into the house.

Asked on April 1, 2014 under Criminal Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The police can enter a home without a warrant in this situation because they were in hot pursuit of a suspect.  The police can also enter and search the home without a search warrant in this situation as this would be a search incident to an arrest.


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