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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.
What is required for an arrest warrant?
probable cause
How was probable cause established?
Probable cause is determined by a statement of the facts in a case, including how much evidence the police have to prove their case. Probable cause is the determination that it is likelier than not a person has committed a crime or is committing a crime. There are different levels of probable cause, including for search warrant and for an arrest warrant. A probable cause for a search warrant isn't necessarily a probable cause for an arrest, and vice versa
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
Can police arrest you at your workplace?
Yes, police can arrest you at your workplace if they have a warrant or probable cause to do so.
What must exist for a legal arrest to occur?
Probable cause or a warrant.
What must the police have in order to arrest someone?
Probable cause or 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.
