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There can obviously be exceptions to everything, BUT as a GENERAL RULE, warrants are not required to make an arrest in the case of felony offenses, all that is needed is for the officer to have probable cause to believe that they are effecting an arrest of the perpetrator(s). In contrast however, most (BUT NOT ALL) misdemeanor offenses MUST occur in the 'presence' of the arresting officers (sight/sound/hearing/etc) for them to effect an arrest. It is always better to be armed with a warrant than not, but obviously there can be immediate circumstances which arise that do not allow for such a luxury.

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15y ago
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12y ago

An arrest may be made without warrant provided it has the ff. requisites:

1) When in his presence, the person to be arrested has committed, is actually

committing, or is attempting to commit an offense.

2) When a offense has in fact just been committed and he has personal knowledge of facts indicating that the person to be arrested has committed it.

3) When a person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgement or temporarily confined while his case is pending, or he has escaped while being transffered from one confinement to another.

Art. 3 sec. 2 of the 1987 Constitution.

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10y ago

Warrants of arrest aren't 'served' like a court summons, it's a notification for law enforcement to arrest the person. There's no need to tell the person about it beforehand, it doesn't make sense.

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Q: When warrant of arrest is not needed?
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