![Sam Alito](http://images.law.com/contrib/content/uploads/sites/398/2019/06/Samuel-Alito-Article-201906282207.jpg)
What Was 'Hot' About This Pursuit, Justice Alito Asks in Key 4th Amendment Case
"A hot pursuit has to be hot and the arrestee has to be avoiding arrest," Justice Samuel Alito Jr. told Stanford Law School's Jeffrey Fisher during one exchange in a key Fourth Amendment case.
February 24, 2021 at 03:25 PM
5 minute read
The original version of this story was published on National Law Journal
Justice Stephen Breyer, borrowing a phrase, on Wednesday called the Fourth Amendment case a "cruel trilemma." Justice Neil Gorsuch said he saw some inconsistency with the amendment's original meaning. Justice Samuel Alito Jr., looking at a video that was part of the evidence, questioned whether there was even a "hot pursuit," central to the case.
The U.S. Supreme Court on Wednesday found no easy answers to whether the "hot pursuit" exception to the Fourth Amendment's warrant requirement, which allows police to enter a home when they have probable cause to believe someone committed a felony, should be extended to misdemeanor pursuits.
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