You’ve likely heard the term “hot pursuit” on television and in movies. The term means that an officer can pursue you without a warrant for arrest. The reason for the pursuit is because of the facts surrounding the situation. According to the facts surrounding the crime, the officer can pursue without delay. But how do you know if the hot pursuit is justified?
Hot Pursuit in SC DUI Cases: When is a pursuit warranted?
Take for example, someone runs out of a bank waving a firearm and the bank’s alarm is going off. This is a situation where the officer would likely exercise the concept of hot pursuit. If an officer suspects a misdemeanor or felony, they have the authorization to pursue the perpetrator. Different types of crimes do not limit their ability to do so.
When it comes specifically to DUI…
Hot pursuit is also not limited to an officer pursuing on foot. This is where the concept comes into play for DUI law. Typically, the law confines officers to their city, county, or state jurisdiction. However, if an officer is in “hot pursuit” due to an emergent situation, they can pursue the suspected offender without having to worry about jurisdiction at all.
“State law differs based on whether an officer can break jurisdiction…”
This is not a universal principal. State law differs on whether an officer can break jurisdiction while in hot pursuit. In South Carolina, the law defines fresh, or hot, pursuit as a “pursuit by a law enforcement officer of a person who is in the immediate and continuous flight from the commission of a criminal offense.” The law allows for fresh pursuit from Georgia and North Carolina officers. When they are in fresh pursuit, they have the same authority to arrest and hold in custody the offender as the law enforcement officers from South Carolina.
So, if you are out drinking in Charlotte or Augusta and start swerving on your way back into the South Carolina border. The blue and red lights in your rear-view could indicate a Georgia or North Carolina state trooper that is justified in pulling you over across state lines. So, drive safe, be smart, and follow the law. In the event that you fail to do so, we offer our condolences for your trouble and our services if need be!