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When can a police officer search or arrest you without a warrant?
Wiki User
∙ 12y ago
Whenever they observe an offense being committed in their presence, or when they have probable cause to believe that the individual they are arresting committed a felony, or certain specified misdemeanor, offenses.
In the case of misdemeanors, usually the misdemeanor MUST occur in the officers presence, EXCEPT for certain enumerated 'probable cause' misdemeanor offenses.
For the other misdemeanors, a citizen must either file a complaint, or the officer must issue a summons for a prosecutorial hearing, or obtain a warrant for the subject's arrest
Wiki User
∙ 12y ago
Wiki User
∙ 12y agoWhenever the police have probable cause to arrest you for a crime (he has enough information or he saw you commit the crime). In a probable cause arrest the prosecuting attorney has a certain number of days (about 30) to file formal charges or the Defendant can be released without charge (of course the charges can be filed later).
Wiki User
∙ 10y agoYou don't 'need' a warrant to be issued, for an arrest. They're issued if the person needs to be arrested but is not present.
A warrant such as a bench warrant is a general notice for law enforcement that someone at large needs to be arrested. But if say a police officer directly witnesses a crime or someone has been flagged as a suspect, no warrant is needed for the arrest.
Wiki User
∙ 10y agoWhen there is Probable Cause to justify that he/she was or is engaging in an unlawful act. Immediately after the arrest though, the police will contact the judge seeking a formal warrant. An arrest prior to a warrant is usually done in order to detain the suspect so he/she doesn't have the ability to escape or evade police custody before the warrant can be issued. Warrants can sometimes take a little bit of time to receive and if a one person is trying to murder another, there is no time to waste and the police need a legal way to make the arrest immediately. That's where probable cause comes into play.
Wiki User
∙ 16y agoUsually 72 hours.
Wiki User
∙ 11y agoThe Police
Wiki User
∙ 11y agoduring hot pursuit or serious offences
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If a Police officer in NY stops someone that has a Felony warrant can that officer arrest him on that warrant?
Yes, of course. An arrest warrant is a command from a judge to arrest a person. Usually a police officer has no choice and must arrest.
Does a police officer have to have a warrant to arrest somebody?
No.
Can a police officer release you and later issue a warrant for your arrest?
No, a police officer cannot issue a warrant for your arrest only a judge or court magistrate can do that.
What are the elements of an arrest?
An arrest refers to the lawful deprivation of the freedom of an individual by a peace officer. A police officer may arrest a person if he reasonably believes a crime has been committed without a warrant.
Can a police officer coerce someone onto school property to arrest them without a warrant?
It does not seem reasonable or possible.
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.
What is Canadian criminal code 494?
494(1) Arrest without warrant by any person (2)Arrest by owner, etc., of property (3)Delivery to a police officer
What if a police officer has Criminal Complaint for you however when they come to pick you up with the arrest warrant there is a wrong name on the warrant Can they still arrest you at that time?
If the officers can accurately identify the person wanted, or can verify a proper warrant then they will likely arrest you.
What two reasons why police may be able to search someone without a warrant?
A "stop and frisk search," where police search you for their protection or incidental to an arrest; or when contraband is in plain view of the officer.
When a police officer serves a warrant does he bring it with him?
In most cases an officer who is serving a Search Warrantwill have it in his possession. However in special cases such as a warrant obtained over the radio or telephone the search warrant may not be immediately available. Arrest Warrants are most often 'unplanned.' An officer stops a person or a vehicle and is told over the radio that an there is an arrest warrant for a person. Since a warrant is a command from a court to arrest a person, the officer will arrest with only the work of the poilce dispatcher.
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.
Can a Texas police officer arrest you when he pulls you over for having a shoplifting misdeameanor warrant out for your arrest in Florida?
No, a police officer in Texas cannot arrest you solely based on a shoplifting misdemeanor warrant from Florida. Generally, warrants are only valid within the jurisdiction they were issued. However, if the police officer in Texas discovers the warrant during the interaction, they may notify the Florida authorities, who can then take appropriate steps to apprehend you.
