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What case established that an arrest without a warrant made in a public place is valid if it is based on probable cause?
Wiki User
∙ 12y ago
United States v. Watson
Wiki User
∙ 12y ago
The case that established this principle is United States v. Watson (1976). The Supreme Court held that an arrest without a warrant, made by law enforcement officers in a public place, is valid if they have probable cause to believe that a crime has been committed.
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Most juridictions allow arrest for a felony without a warrant as long as probable cause is established?
Most juridictions allow arrest for a felony without a warrant as long as probable cause for the arrest can be articulated.
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.
How was probable cause established?
Probable cause is typically established when there is enough evidence to suggest that a crime has been committed or is about to be committed. This evidence can come from witness statements, physical evidence, surveillance, or other investigative techniques. Probable cause is required by law before a search or arrest can be conducted.
What is required for an arrest warrant?
probable cause
What are the legal basis for arrest?
A police officer must have probable cause in order to arrest someone. They can arrest a person if they see a crime taking place or if an arrest warrant has been issued.
Who is the responsible for determining the existence of probable cause for the issuance of a warrant of arrest or search warrant?
judge
What must the police have in order to arrest someone?
Probable cause or warrant
What must exist for a legal arrest to occur?
Probable cause or a warrant.
When may an officer make an arrest without a warrant?
When he has probable cause to believe that the person he is arresting has committed, or is about to commit, a criminal offense.
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.
How long does a Florida DA have to file an arrest charge?
Until he has sufficient probable cause to sustain a warrant for an arrest.
Can immigration arrest on store parking lots?
If they have probable cause to do so, yes. With probable cause, or an arrest warrant, law enforcement may make an arrest at any location, private or public.
