Legal Definitions - warrantless arrest

A warrantless arrest occurs when a law enforcement officer takes an individual into custody without first obtaining a formal arrest warrant from a judge or magistrate.

While arrests typically require a warrant based on probable cause, the law recognizes specific situations where an officer can make an arrest without one. These exceptions are generally permitted when there is immediate probable cause that a crime has been committed, or when circumstances are urgent and do not allow time to secure a warrant, such as when an officer witnesses a crime in progress, believes a felony has been committed and the suspect is fleeing, or when there is an immediate threat to public safety or a risk of evidence being destroyed.

Here are some examples illustrating a warrantless arrest:

• 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 and places the individual under arrest.

  Explanation: In this scenario, the officer directly witnessed a crime (vandalism and attempted theft) being committed. The direct observation provides immediate probable cause, allowing the officer to make a warrantless arrest to stop the criminal activity and apprehend the perpetrator.

• Example 2: Probable Cause and Exigent Circumstances

  Emergency services receive a 911 call reporting a serious stabbing at a local park. When officers arrive, they find a victim with a severe wound and a witness pointing to a man running away, shouting, "He's the one who did it!" The officers pursue the fleeing man and apprehend him a few blocks away.

  Explanation: The officers had probable cause to believe a felony (aggravated assault or attempted murder) had just occurred, based on the injured victim, the witness's statement, and the suspect's flight. The immediate danger to the public, the severity of the crime, and the suspect's attempt to escape constitute exigent circumstances that justify a warrantless arrest.

• Example 3: Domestic Disturbance with Immediate Danger

  Police respond to a loud domestic disturbance call from an apartment. Upon arrival, they hear shouting and crashing sounds from inside and then a woman's scream for help. Fearing for her safety, the officers force entry and find a man physically assaulting the woman. They immediately arrest the man.

  Explanation: The officers had probable cause to believe a crime (assault, domestic violence) was occurring based on the sounds and the plea for help. The immediate threat to the woman's safety created an exigent circumstance, allowing the officers to enter the residence without a warrant and make a warrantless arrest to prevent further harm.