Judge John Wilson
Cruz was charged with criminal possession of a weapon, resisting arrest and obstructing governmental administration. He sought dismissal of the docket arguing prosecutors’ complaint was facially insufficient. Cruz was alleged to have made derogatory statements to an officer, who was investigating a crime scene, and throwing a piece of metal at the officer’s partner that almost struck him. When the officer attempted to arrest Cruz, he ran away into his apartment, then flailed his arms and kicked his legs refusing to be handcuffed. Officers observed Cruz in control and custody of a revolver located between his mattress. Cruz claimed police had no right to run after him into his home and recover the weapon without a warrant. The court stated an exception to the warrant requirement applied to police in hot pursuit into a residence for felony charges, noting the hot pursuit exception did not apply if a suspect retreats into his home and the suspected crime was only a violation or misdemeanor. The court ordered a hearing to determine if there was any exigent circumstance or a strong state interest to justify a warrantless entry. Police were without authority to effectuate an arrest of Cruz for a misdemeanor charge.
