When interacting with law enforcment it is important to know your rights. One of the most significant powers granted to police officers is the ability to arrest individuals. However, this power isn't unlimited. So, when can a police officer arrest you, and what should you know if you're ever in such a situation? This blog article breaks down the basics.
With a Warrant
A police officer can arrest you if they have an arrest warrant issued by a judge. Warrants are typically issued when law enforcement believes there is probable cause to think you committed a crime. The warrant must specify your name (or a sufficiently detailed description), the crime you're suspected of, and any special conditions regarding the arrest.
Important to Note:
- The police must show you the warrant if you request to see it, but they can still arrest you even if they don't have the physical copy with them at the time.
- Arrest warrants are typically issued for serious crimes but can also be issued for failing to appear in court or violating probation terms.
Without a Warrant: Probable Cause
An officer can arrest you without a warrant if they have probable cause to believe you committed a crime. Probable cause means there's a reasonable belief, based on the facts and circumstances, that you either committed a crime, are committing one, or will commit one.
Examples of probable cause include:
- An officer witnessing you commit a crime;
- A reliable informant providing information that you're involved in criminal activity;
- Physical evidence linking you to a crime scene.
Example Scenario: A police officer sees someone shoplifting from a store. The police officer doesn’t need a warrant in this situation; he / she can arrest the individual immediately based on what they saw.
During the Commission of a Crime
If a police officer sees you committing a crime, they can arrest you on the spot. These situations typically include instances where the crime is happening in plain sight, such as traffic violations, assaults, DUI or public disturbances.
Important Consideration: Even minor infractions like a traffic violation can lead to an arrest if the officer believes you're breaking the law, though such cases often lead to citations rather than arrest, unless there are aggravating factors (like resisting the officer, having outstanding warrants, or evidence of another crime).
Felony Arrests
In some jurisdictions, if a police officer has reasonable suspicion that you have committed a felony, they can arrest you even if the felony wasn’t committed in their presence. This is especially true if there’s an ongoing investigation, and there’s significant evidence suggesting your involvement.
Citizen's Arrest Follow-up
Police can arrest you if a citizen has conducted a lawful citizen's arrest. A citizen’s arrest is an arrest made by a private individual rather than by law enforcement. It allows ordinary citizens to detain someone whom they have witnessed committing a crime until police arrive. The police can then take the person into custody.
Violating the Terms of Probation or Parole
If you're on probation or parole and violate the terms, police have the authority to arrest you. The violation can include missing a scheduled meeting with a probation officer, failing a test, or committing another offense while under supervision.
Experienced Criminal Defense Lawyers
If you or someone you know has been unlawfully arrested, it's crucial to contact a criminal lawyer immediately. An experienced defense attorney can review the arrest for any issues, such as unlawful detention or excessive use of force, and assist in preparing related motions for your defense. For a no-cost consultation to discuss your options, contact Stephen G. Rodriguez & Partners. Call 213-481-6811