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The police do not always need a warrant before they arrest somebody. Unless there is a state law limiting the power of police more than the U.S. Constitution would require, it's OK for cops to arrest you first if they have "problable cause" to believe you committed a felony (serious crime). Then a magistrate judge will listen to the cop's summary of the evidence against you and agree (they almost always agree) that there was probable cause, and THEN the judge signs the arrest warrant. So it might be 2 days between the time of arrest and the time a warrant is actually issued. Normally it's just a couple hours. Magistrate judges are available even at night and on weekends to sign arrest warrants and set bail (bond) amounts for people.

This is how it works in Georgia, the United States. Where you are it might be different.

For misdemeanors (petty, small crimes) the cops can't arrest you without seeing the crime take place. Just having the cops talk to the victim or witnesses is not enough to do a warrantless arrest on a misdemeanor charge. But if it's something the law enforcement officer is a witness to, then they can do it. Arrest now, get warrant later.

One of the reasons you could be arrested without a warrant is if the police witness you committing the crime.

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12y ago
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12y ago

a judge's order to law enforcement officers to arrest and bring to jail a person charged with a crime. The warrant is issued upon a sworn declaration by the district attorney, a police officer or an alleged victim that the accused person committed a crime.

PLT colledge 1st yr sec b. wayne

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11y ago

There are a few circumstances in which a law enforcement official may seize a person (an arrest). If an officer witnesses someone committing a crime, has knowledge that a crime has occurred, or witnesses someone attempting to commit a crime the suspect involved can be arrested.

  • Witnessing someone commit a crime: An officer is driving down the street when he witnesses person "A" assault person "B". Person "A" is arrested.
  • Has knowledge that a crime has occurred: An officer receives a 9-1-1 call about a boyfriend who abused his girlfriend and has fled the scene of the crime. While searching the area he finds the boyfriend and arrests him for domestic battery.
  • Witnessing someone attempting to commit a crime: While on foot patrol an officer observes a man dressed in black trying to pry open the window of an unoccupied home. The man is arrested for trespassing and attempting to commit an offense, though the intended crime was never committed.
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