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What are instances when no warrant of arrest or search warrant is necessary to undertake?
Wiki User
∙ 10y ago
Though the laws vary by region; in the US the standard for entering a home without a search warrant is generally "imminent harm" or "extenuating circumstances"; while these are intentionally vague concepts the overall idea is that generally a life must be in danger.
For example if a police officer hears someone screaming inside or has reason to believe a kidnap victim or child is being held against their will they would be able to enter a premise without a warrant.
Also in most cases in pursuit of a suspect; especially an armed suspect than no warrant would be required to continue pursuit during an active chase.
Generally the only thing they can do in those cases is search for all people in the home or vehicle, secure their safety and than secure the property.
Once all immediate threats have been secured only "visible" items on the property could be confiscated. Any additional search of things or items not in plain view must wait for a warrant.
Of course it will typically be easy (and relatively fast) to secure a warrant on a property where police were already forced to enter in pursuit of a suspect or to save a life. Police can order everyone to leave the resisdence and await the arrival of the warrant while the property remains empty.
Wiki User
∙ 10y ago
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What are the instances of warrant less arrest?
In California an arrest for a misdemeanor can be made without a warrant IF the offense was committed in the presence of the officer/citizen making the arrest ( see penal code section 836 & 837. Arrests can also be made for a felony without a warrant IF a felony has in fact been committed and you have probable cause/reason to believe the person committed the felony.
Can the repo man issue a warrant for my arrest?
A repo man can not issue a warrant for your arrest. Only a judge can issue an official arrest warrant.
When can you arrest someone for a felony with out a search warrant?
Yes. Enforcement officers do not need a search warrant in a variety of instances. If there is consent to a search, you do not need a warrant. If something is in plain view, you do not need a warrant. Also, warrants are not needed in emergency situations when the public safety is in danger.
Whats the main differences between arrest with and without a warrant?
Without a warrant you must find reasonable grounds to arrest someone, whereas with a warrant your reason to arrest the suspect already exists. Without a warrant a Police Officer can arrest anyone without permission of a Magistrate as long as they follow the correct procedures so their arrest is lawful, which is unlike an arrest with a warrant where you must be granted the warrant to be able to arrest that person. Without a warrant, a Police Officer can mess the arrest up and make it an unlawful arrest but with a warrant it is very unlikely that they make it an unlawful arrest.
When does a arrest warrant end?
With an arrest.
Must you have a warrant of arrest to allow for surrender into custody?
It is not necessary for a warrant to actually exist - if you know, or suspect, that you are wanted for an offense you may voluntarily surrender yourself to to authorities wtihout the existence of a warrant.
Can police search a home with a summary arrest warrant?
Technically they cant unless they have a search warrant not an arrest warrant.
A criminal prosecution is usually initiated when the court issues an order known as?
A. Indictment B. Arrest warrant C. Information D. Search warrant ANSWER: B Arrest Warrant
What happens if out on o r but cant make it to court?
Warrant for your arrest will be issued.Warrant for your arrest will be issued.Warrant for your arrest will be issued.Warrant for your arrest will be issued.
How long is an arrest warrant valid in pennsylvania?
how long a arrest warrant valid in philippines
What is a foreign warrant?
A warrant is a demand issued by a court. An example is; an arrest warrant is a demand for someone's arrest. A foreign warrant is issued for someone in another country.
What are the three essential components of an arrest warrant?
In order to make a warrantless arrest, a police officer must be given permission to enter or be in an emergency situation. In both instances, the officer must have sufficient probable cause to make the arrest.
