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Legal Definitions - arrestable offense
Definition of arrestable offense
An arrestable offense refers to a crime for which law enforcement officers are legally authorized to make an arrest without first obtaining an arrest warrant from a judge. This authority typically applies when an officer has reasonable grounds to believe that a person has committed or is in the process of committing such an offense. These offenses are generally considered more serious in nature, allowing for immediate police action to prevent further harm or ensure justice.
Here are some examples to illustrate this concept:
Example 1: Shoplifting Caught on Camera
A store's loss prevention officer reviews security footage and clearly sees an individual concealing several expensive items and then leaving the store without paying. The officer identifies the individual and calls the police. When the police arrive and view the clear video evidence, they locate the individual nearby.How it illustrates the term: Shoplifting, especially for high-value items, is often an arrestable offense. The police, having reasonable grounds based on the clear security footage and the store's complaint, can immediately arrest the individual without needing to first obtain an arrest warrant from a judge. The evidence provides sufficient probable cause for an on-the-spot arrest.
Example 2: Domestic Disturbance
Police respond to a 911 call reporting a loud argument and sounds of a struggle coming from an apartment. Upon arrival, officers hear shouting and see visible signs of a physical altercation, such as broken items and a person with fresh scratches, through the open doorway. One individual admits to having pushed the other during the argument.How it illustrates the term: Domestic assault or battery is typically an arrestable offense. Given the immediate observations (sounds of struggle, visible damage, injuries) and the admission, the officers have reasonable grounds to believe an assault has occurred. They can proceed to arrest the person who committed the assault without a warrant, prioritizing the safety of those involved.
Example 3: Reckless Driving Endangering Others
A state trooper observes a car weaving dangerously through traffic at high speed on a busy highway, nearly causing multiple collisions. The trooper activates their lights and siren, pulls the vehicle over, and identifies the driver.How it illustrates the term: Reckless driving that endangers public safety is commonly an arrestable offense. Because the trooper directly witnessed the dangerous driving behavior, they have reasonable grounds to believe a serious traffic offense, potentially involving criminal negligence, was committed. The trooper can arrest the driver immediately at the scene without needing to secure a warrant first.
Simple Definition
An arrestable offense refers to any crime for which a law enforcement officer is legally permitted to make an arrest. This typically means an officer can take a person into custody, often without a warrant, if they have reasonable grounds to believe the individual has committed or is committing that specific offense.