Hot Pursuit of a Suspect Within and Outside North Carolina

This post reviews what is commonly known as “hot pursuit” of a suspect to make an arrest outside an officer’s territorial jurisdiction. Note, however, that the actual term in G.S. 15A-402(d) is the “immediate and continuous flight” by a suspect from an officer’s territory. Also, although the statute is specifically confined to an officer’s arrest authority, court cases include other law enforcement actions such as investigative stops and searches. Hot pursuit within North Carolina. Local law enforcement officers are normally restricted to arresting suspects within the limits of the unit that employs them and within one mile outside those limits. G.S. 15A-402(c) and 160A-286. However, they may arrest outside that territory at any place within the State of North Carolina when the offender has committed a criminal offense within the officer’s territory, and the arrest is made while the suspect is in immediate and continuous flight from that territory. G.S. 15A-402(d). Officers may pursue the offender throughout the state, but if they are to retain their authority to arrest, they must continue the pursuit and not stop to do something else. They need not keep the offender in sight at all times, however, so long as the offender remains in continuous flight. Officers also may await the arrival of assistance if they would be endangered by making the arrest without additional assistance. Company and campus police officers also may arrest outside their territorial jurisdiction if they are in hot pursuit of a person who committed an offense within their jurisdiction. G.S. [...]