Immediate pursuit
Encyclopedia
Immediate pursuit is a common law
principle describing rules of engagement
to enter into combat
with or apprehend and forcibly detain another, invade one's privacy, etc. Immediate pursuit enables, for example, a citizen to arrest a person committing some offence, without incurring legal liability
. It also justifies active/aggressive countermeasures to theft
or other intrusion.
This is also the legal term for the right of a police
officer or private citizen to use extraordinary means with regard to criminals or "tortfeasors" who have just committed a crime or tort
. Under this doctrine, police may make warrantless searches of fleeing suspects, or cross jurisdictional boundaries for fleeing suspects where they would otherwise not be entitled to make an arrest, and private citizens may use reasonable force to retake property which has just been taken from them.
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
principle describing rules of engagement
Rules of engagement
Rules of Engagement refers to those responses that are permitted in the employment of military personnel during operations or in the course of their duties. These rules of engagement are determined by the legal framework within which these duties are being carried out...
to enter into combat
Combat
Combat, or fighting, is a purposeful violent conflict meant to establish dominance over the opposition, or to terminate the opposition forever, or drive the opposition away from a location where it is not wanted or needed....
with or apprehend and forcibly detain another, invade one's privacy, etc. Immediate pursuit enables, for example, a citizen to arrest a person committing some offence, without incurring legal liability
Legal liability
Legal liability is the legal bound obligation to pay debts.* In law a person is said to be legally liable when they are financially and legally responsible for something. Legal liability concerns both civil law and criminal law. See Strict liability. Under English law, with the passing of the Theft...
. It also justifies active/aggressive countermeasures to theft
Theft
In common usage, theft is the illegal taking of another person's property without that person's permission or consent. The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting and fraud...
or other intrusion.
This is also the legal term for the right of a police
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
officer or private citizen to use extraordinary means with regard to criminals or "tortfeasors" who have just committed a crime or tort
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
. Under this doctrine, police may make warrantless searches of fleeing suspects, or cross jurisdictional boundaries for fleeing suspects where they would otherwise not be entitled to make an arrest, and private citizens may use reasonable force to retake property which has just been taken from them.
External links
- Are You Civilly Liable When an Accident Occurs? (pdf), Lexipol (pertains to law enforcement in the State of California)
- Guidelines for Fresh Pursuit, U.S. Department of Energy, accessed May 12, 2007
- "The Doctrine of "Hot Pursuit": A New Application", C. K. U., Michigan Law Review, Vol. 26, No. 5 (Mar., 1928), pp. 551-555