Defense attorney is going to lose this one. The police had no way of knowing the defendant was in his own home and the defendant had just demonstrated that he was willing to break into other people’s homes during flight.
They may argue that since the officer lost sight of the suspect and was guessing which direction he went, it didn’t qualify as hot pursuit. a slim argument, but could have been an interesting argument if he had guessed wrong and found someone with lots of bird feathers instead.
I would think that the government could argue that even if it wasn’t hot pursuit, the officer saw evidence of a new crime in progress – forced entry on the door which was open, and started an entirely new investigation at that point.
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