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Simple English definitions for legal terms
warrantless arrest
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A quick definition of warrantless arrest:
A warrantless arrest is when a police officer arrests someone without having a warrant from a judge. This can happen if the officer has a good reason to believe that the person has committed a serious crime or if they see the person committing a crime. It is important for the officer to have a good reason, called probable cause, for the arrest. Sometimes, people can be arrested by regular people, called citizen's arrests, if they see someone committing a crime. However, it is important to remember that not all arrests without a warrant are legal, and people have the right to challenge the arrest in court if they believe it was not done properly.
A more thorough explanation:
Definition: A warrantless arrest is an arrest made without a warrant, based on probable cause of a felony, or for a misdemeanor committed in a police officer's presence.
Examples:
- If a police officer sees someone breaking into a car, they can make a warrantless arrest because they witnessed the misdemeanor crime.
- If a police officer has probable cause to believe that someone has committed a felony, they can make a warrantless arrest.
These examples illustrate that a warrantless arrest can be made when a crime is committed in the presence of a police officer or when there is probable cause to believe that a felony has been committed. It is important to note that a warrantless arrest must still be based on legal grounds and cannot be made arbitrarily.