Fresh Pursuit

Fresh Pursuit

By:  Dee Wampler

Police may make an arrest outside their territory if invited by the sheriff of an adjoining county.

[1]  Officers in “fresh pursuit” may make an arrest outside the jurisdiction as long the pursuit begins inside his jurisdiction.[2]

An officer who follows another vehicle without activation of siren or emergency lights would not be in fresh pursuit. Missouri Law grants Department of Conservation agents, Commission members of the Missouri Capital Police, college or university police officers, and commission members of the Missouri Park Rangers the authority of arrest  fresh pursuit.[3]

Reasonable force may always be used in making an arrest or seizure. The court will determine the nature and quality of the intrusion.

Reasonable suspicion is required for a traffic stop or an investigatory stop and can even rest on a reasonable mistake of law.[4]  Assuming the stop of a vehicle is valid the officer’s inquiries into matters unrelated to the justification for the traffic stop are lawful so long as the inquiries do not measurably extend  the duration of the stop.[5]

Police are not constitutionally required to give a passenger an opportunity to depart the scene without first ensuring that in so do you are not permitting a dangerous person to leave.

During a traffic stop an officer may make a reasonable investigation which includes asking for a driver’s license and registration, requesting the driver to sit in the patrol car, and inquiring about his destination or purpose.[6]

After the investigation police must let you go without further questioning or detention unless there are “specific, articulable facts creating an objectively reasonable suspicion that the individual is involved in criminal activity.[7] The mere fact of nervousness or conflicting stories will not automatically justify additional detention.[8]

[1]    RSMo 57.111

[2]    City of Ash Grove vs. Christian, 949 SW2d 259 (Mo App 1997).

[3]    RSMo 544.157

[4]    Heien vs. North Carolina, 135 S.Ct 530 (2013).

[5]    Arizona vs. Johnson, 129 S.Ct 781 (2009).

[6]    State vs. Barks,128 SW3d 513 (Mo 2003); State vs. Bones, 230 SW3d 364 (Mo App 2007).

[7]    Taylor vs. State, 234 SW3d 532 (2007).

[8]    State vs. Ross, 254 SW3d 267 (Mo App 2008).

By | 2017-11-05T19:00:24+00:00 June 28th, 2017|Legal News|Comments Off on Fresh Pursuit

About the Author:

Dee Wampler
Dee Wampler has practiced law for 50 years has received many awards and honors. As Greene County’s youngest elected Prosecuting Attorney at the age of 29, Wampler’s reputation was quickly established as a leading trial attorney. Dee was an original organizer and first president Crimestoppers. Wampler has published over 250 articles for Law Enforcement Journals, and authored six books: Missouri Criminal Law Handbook; The Trial of Christ; The Myth of Separation Between Church and State; Standing on the Front Line; Defending Yourself Against Cops in Missouri, and other Strange Places; and One Nation Under God. His knowledge of criminal law and trial tactics is widely recognized.