Definition

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  1. (a)

    1. (1) The term “fresh pursuit” as used in this subchapter shall include:

      1. (A) Fresh pursuit as defined by the common law; and

      2. (B) The pursuit of a person:

        1. (i) Who has committed a felony or is reasonably suspected of having committed a felony in this state;

        2. (ii) Who has committed or attempted to commit any criminal offense in this state in the presence of the arresting law enforcement officer referred to in § 16-81-301; or

        3. (iii) For whom the officer holds a warrant of arrest for a criminal offense.

    2. (2) It shall also include the pursuit of a person suspected of having committed a supposed felony in this state, though no felony has actually been committed, if there is reasonable ground for so believing.

  2. (b) Fresh pursuit as used in this subchapter shall not necessarily imply instant pursuit, but pursuit without unreasonable delay.


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