In most instances police need a warrant in order to arrest an offender or accused. What are the occasion's police do not need an arrest warrant? If a situation occurs in which a police officer makes an improper arrest what can the arrested person do? Does the person have the right to arrest the unlawful arrest?© BrainMass Inc. brainmass.com October 16, 2018, 8:01 pm ad1c9bdddf
If a suspect has been legally arrested, the police may search the defendant and the area within the defendant's immediate control. In a search incident to arrest no warrant is necessary as long as a spatial relationship exists between the defendant and the object. In most jurisdictions, an arrest warrant is required for misdemeanors that do not occur within view of a police officer. However, as long as police have the necessary probable cause, a warrant is usually not needed to arrest someone suspected of a felony.In all criminal cases in which the defendant is arrested without a warrant, including cases that are not within the jurisdiction of the magistrate or metropolitan courts, a criminal complaint shall be prepared and given to the defendant prior to his or her transfer to custody of the detention center. After transferring the defendant to custody, the complaint shall be filed with the court. If the court is not open at the time the copy of the complaint is given to the defendant, the complaint is filed the next business day of the court. Magis. Ct. R. 6-201; Metro. Ct. R. 7-201; see also §2.1-2(D) of this Benchbook.
An officer ...
Under what circumstances that police officers do not need arrest warrants.
Arrest, Search Warrants, and Probable Cause
1. Assume a law enforcement officer has probable cause to arrest a defendant for armed assault, and he also has probable cause to believe that the person is hiding in a third person's garage, which is attached to the house. What warrants, if any, does the officer need to enter the garage to arrest the defendant? What if the officer is in hot pursuit of the defendant? What if the defendant is known to be injured and unarmed? Provide evidence to support your answer.
2. Formulate a set of circumstances in which there is probable cause to search but not probable cause to arrest; in which there is probable cause to arrest but not probable cause to search; in which there is probable cause to both arrest and to search.
3. Mr. A walks into a police station, drops three wristwatches on a table, and tells an officer that Mr. B robbed a local jewelry store two weeks ago. Mr. A will not say anything else in response to police questioning. A quick investigation reveals that the three watches were among a number of items stolen in the jewelry store robbery. Do the police have probable cause to do any or all of the following?
Arrest Mr. A
Arrest Mr. B
Search Mr. A's home
Search Mr. B's home