Eleventh Circuit Court of Appeals - Published Opinions

Thursday, July 09, 2009

Goings: Ok for Georgia police to chase into Florida unauthorized

In U.S. v. Goings, No. 08-15705 (July 7, 2009), the Court, citing the Supreme Court’s recent decision in Virginia v. Moore, 128 S.Ct. 1598 (2008) (no Fourth Amendment violation when police officer makes an arrest prohibited by state law but based on probable cause), held that no Fourth Amendment violation occurred when Georgia police, in a hot pursuit car chase, crossed into Florida without authorization and apprehended a defendant. The Court noted that it was undisputed that the Georgia police had probable cause to arrest Goings. It was therefore irrelevant whether the chase into Florida was authorized by Florida law.