Legal Definitions - arrest without a warrant

An arrest without a warrant occurs when a law enforcement officer takes an individual into custody without first obtaining a formal order from a judge or magistrate authorizing that specific arrest. While arrests typically require a warrant based on probable cause, officers are legally permitted to make a warrantless arrest under certain circumstances, such as when they witness a crime being committed, have probable cause to believe a felony has occurred and the suspect might flee, or when there is an immediate threat to public safety.

Here are some examples illustrating an arrest without a warrant:

• Example 1: Crime in Progress
  A police officer is on patrol and observes a person attempting to break into a parked car by smashing a window. The officer immediately exits their vehicle, confronts the individual, and places them under arrest.

  How this illustrates the term: The officer directly witnessed a crime being committed (vandalism and attempted theft). This direct observation provides immediate probable cause, allowing the officer to make an arrest without needing to first obtain a warrant from a judge.

• Example 2: Exigent Circumstances and Probable Cause
  Police respond to an urgent 911 call reporting a serious domestic assault. Upon arrival, they find a visibly injured victim and witnesses who identify a specific individual, still present at the scene, as the assailant. The officers immediately arrest the identified individual.

  How this illustrates the term: The officers had probable cause to believe a felony assault had occurred, based on the victim's injuries and witness statements. The immediate danger to the victim and the presence of the suspect at the scene constitute "exigent circumstances" (urgent situations requiring immediate action), justifying an arrest without waiting for a warrant.

• Example 3: Public Safety Threat
  A state trooper pulls over a vehicle for swerving erratically across multiple lanes on a highway. During the stop, the trooper observes clear signs that the driver is heavily intoxicated, including slurred speech and the smell of alcohol. The trooper then arrests the driver for driving under the influence.

  How this illustrates the term: The trooper had probable cause to believe a crime (DUI) was being committed, and the driver posed an immediate danger to themselves and other motorists. The need to remove an impaired driver from the road for public safety reasons allows for an immediate arrest without a warrant.