Hot Pursuit Essay Examples

898 Words2 Pages

“Hot Pursuit” is when an officer is in an urgent continus chase of a suspect of a criminal action. Being “reasonably diligent”, means continuing the hot pursuit regardless of other circumstances beyond your control. For example, if traffic you can’t avoid interferes on your pursuit but you wait/drive safely through it and then continue the chase, you are still in a hot pursuit. As long as your main goal is continuing the pursuit and your actions reflect that, technically you are still in hot pursuit.

Originally, Macooh was charged with failing to stop for a police officer. After resisting the officer, he was charged with impaired driving, failing to stop for a police officer, failing to provide a breath sample and assaulting a police officer …show more content…

7 under the Canadian Charter of Rights and Freedoms (CCRF) states, “Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.” Ss. 9 states, “Everyone has the right not to be arbitrarily detained or imprisoned.” As the officer entered Macooh’s secure private residency, it could be argued that Macooh was deprived of his rights guaranteed by ss. 7 of the CCRF. If the officer hadn’t first entered the apartment he could of never arrested Macooh, and gathered the evidence that resulted in the assault of a police officer. The source, entering Macooh’s private residency, could be argued as a breach of these rights, making the information and actions afterwards tainted. Therefore making the arrest and evidence “fruit of the poisonous …show more content…

7 and ss. 9 of the CCRF, is all based on what the officer believed to be reasonable cause. The officer could claim, based on Macooh’s reckless driving that his judgement was impaired because he is potentially a suspect of something unlawful. The officer could then infer, the unstableness of Macooh’s judgement could lead him to do unlawful things. That alone, could be reasonable grounds to limit ss. 7 of the CCRF and enter the security of Macooh’s residency to investigate whether Macooh was not only a harm to society but to himself. Upon entering his residency, the officer’s professional judgement told him that Macooh was indeed a potential harm to society and himself, and therefore thought it best to arrest him. Based on the events following, Macooh’s assault with intent to prevent arrest, confirmed to the officer that his suspicions were indeed accurate, proving beyond a reasonable amount that Macooh needed to be arbitrarily arrested to prevent further crime regardless of ss. 9 of the

More about Hot Pursuit Essay Examples

Open Document