The concept is this: If the police are in pursuit of a suspect, and that suspect flees into a home or dwelling, the police are entitled to go in that dwelling to retrieve the suspect. Makes sense, doesn’t it? But as always, there are nuances that go with this simple concept.
First, what if the police lose sight of the suspect but reasonably believe that the suspect entered a particular home. Are they justified in entering the home, even without a warrant? It would depend of the facts of the case.
If the home is the only dwelling around, and the police had the area cordoned off so that there was no chance of escape, and all surrounding area has been searched, then maybe the police are authorized to enter without a warrant. However, if that is the case, my advice is usually to secure a search warrant if they have sufficient manpower to keep the premises cordoned off.
If there are numerous dwellings in the area, but the police believe that the suspect entered a particular home because his girlfriend lives there, they probably don’t have enough to enter the premises without a warrant. Again, simply get a search warrant.
What if the premises belong to the suspect? Can the police enter the home, without a warrant, where they lost sight of the suspect and only believe that he fled there? No! The Fourth Amendment applies to everyone, even bad guys. Again, get a search warrant.
What if officer did not see the suspect at all, but through other senses believed the suspect was in the dwelling. For example, he heard the suspect talking in the home, or smelled the suspect. (Before you laugh, some of these guys smell really bad!) Georgia law has held that an officer does not have to "see" the suspect, but can rely on his other senses as well.
Finally, an officer in "fresh pursuit" does not lose authority because the pursuit moves out of her jurisdiction. They can still engage in pursuit no matter how far the chase goes.
The basic tenet of law that we are secure in our homes applies to all of us, even the scoundrels. But now you know that there are exceptions to every rule.
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