In hot pursuit, under what condition may officers enter a residence without a warrant?

• A. If the occupant consents to entry after the pursuit begins.
• B. If there is probable cause to believe the subject is inside during ongoing pursuit of a person who committed a jailable offense.
• C. If the residence is unoccupied.
• D. If the officer smells alcohol.

Answer: (B)

In hot pursuit, the warrantless entry into a residence is allowed when the pursuit is ongoing and there is probable cause to believe the suspect is inside. The urgency to prevent the suspect from escaping, combined with the belief that they are actually within the home, creates an exigent need that justifies entering without a warrant. This exact situation—ongoing pursuit of a person who committed a crime punishable by imprisonment and probable cause that the subject is inside the residence—is the scenario that fits the rule.

While consent can also permit entry, and a different exigent circumstance could justify a warrantless entry, those are separate paths. Simply having the occupant consent after the pursuit begins does not capture the essential exigency of hot pursuit focused on immediately apprehending a suspect believed to be inside. An unoccupied residence by definition lacks someone to apprehend, so it doesn’t support a hot-pursuit entry. A mere scent of alcohol similarly doesn’t establish that a suspect is inside or create the immediacy needed for a warrantless entry.