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NJSA 2A:156-2 Fresh Pursuit

2A:155-1. Short title

This chapter may be cited as the "uniform law on fresh pursuit."

L.1951 (1st SS), c.344

?2A:156-2. "Fresh pursuit" defined

The term "fresh pursuit" as used in this chapter shall include fresh pursuit as defined by the common law, and also the pursuit of a person who has committed a high misdemeanor or is reasonably suspected of having committed a high misdemeanor in this state, or who has committed or attempted to commit any criminal offense in this state in the presence of the arresting officer referred to in section 2A:156-1 of this title, or for whom such officer holds a warrant of arrest for a criminal offense. It shall also include the pursuit of a person suspected of having committed a supposed high misdemeanor in this state, though no high misdemeanor has actually been committed, if there is reasonable ground for so believing. Fresh pursuit as used herein shall not necessarily imply instant pursuit, but pursuit without unreasonable delay.

?2A:155-2. Definitions? As used in this chapter:

"State" shall include the District of Columbia.

"Fresh pursuit" shall include fresh pursuit as defined by the common law, and also the pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony. It shall also include the pursuit of a person suspected of having committed a supposed felony, though no felony has actually been committed, if there is reasonable ground for believing that a felony has been committed. Fresh pursuit as used herein shall not necessarily imply instant pursuit, but pursuit without unreasonable delay.

"Felony" shall include high misdemeanor

L.1951 (1st SS), c.344.

2A:155-3. Application and construction of chapter

The provisions of this chapter shall be applicable only to such officers of a state which has enacted a statute similar to the provisions hereof, and this chapter shall be so interpreted and construed as to effectuate the general purpose of making uniform the laws of the states which enact it

2A:155-4. Officers of other states in fresh pursuit; authority to make arrests in this state

Any member of a duly organized state, county or municipal peace unit of another state of the United States who enters this state in fresh pursuit, and continues within this state in such fresh pursuit, of a person in order to arrest him on the ground that he is believed to have committed a felony in such other state, shall have the same authority to arrest and hold such person in custody, as has any member of any duly organized state, county or municipal peace unit of this state, to arrest and hold in custody a person on the ground that he is believed to have committed a felony in this state.

L.1951 (1st SS), c.344.

2A:155-5. Hearing before magistrate; commitment or discharge

If an arrest is made in this state by an officer of another state in accordance with the provisions of section 2A:155-4 of this title, he shall, without unnecessary delay, take the person arrested before a neighboring magistrate, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the magistrate determines that the arrest was lawful he shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the governor of this state or admit him to bail for such purpose. If the magistrate determines that the arrest was unlawful he shall discharge the person arrested.

L.1951 (1st SS), c.344

2A:155-6. Lawfulness of arrest

Section 2A:155-4 of this title shall not be construed so as to make unlawful any arrest in this state which would otherwise be lawful.

2A:155-7. Copies of chapter to other states

It shall be the duty of the secretary of state to certify a copy of this chapter to the executive department of each of the states of the United States.

L.1951 (1st SS), c.344

2A:156-1. Peace officer in fresh pursuit may arrest anywhere in state

Any peace officer of this state in fresh pursuit of a person who is reasonably believed by him to have committed a high misdemeanor in this state or has committed, or attempted to commit, any criminal offense in this state in the presence of such officer, or for whom such officer holds a warrant of arrest for a criminal offense, shall have the authority to arrest and hold in custody such person anywhere in this state.? ?L.1951 (1st SS), c.344

2A:156-3. Validity of arrest

Section 2A:156-1 of this title shall not make unlawful an arrest which would otherwise be lawful.

L.1951 (1st SS), c.344.

2A:156-4. Short title

This chapter may be cited as the "uniform act on intrastate fresh pursuit" .?


Kenneth Vercammen was the Middlesex County Bar Municipal Court Attorney of the Year
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Kenneth Vercammen was the NJ State Bar Municipal Court Attorney of the Year and past president of the Middlesex County Municipal Prosecutors Association.

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