Also known as: warrantless arrests · arrest without warrant
Written by attorneys · grounded in primary & secondary sources — see below
A seizure of a person by law enforcement without prior judicial authorization. The seizure is lawful if the officer has probable cause to believe the person committed a crime.
Wren Wright jaywalked across an empty campus street in violation of a university rule punishable only by a small fine. Campus Officer Lopez observed the entire act and immediately handcuffed Wright and took her to the station without obtaining a warrant. The arrest satisfied the Fourth Amendment because the offense occurred in the officer's presence and supplied probable cause.
Willow Walker, a high school student, was seen smoking in the school restroom by a teacher. The assistant principal detained Walker and searched her purse, discovering marijuana. Police officers arrived and arrested Walker without a warrant based on the evidence found during the school search.
Select any source to read its text and confirm it supports the definition.
Wanda Williams was arrested without a warrant after police received a tip that she had committed a robbery. She later sought habeas relief claiming the arrest lacked probable cause. The court reviewed whether the state proceedings had provided a full and fair opportunity to litigate the Fourth Amendment claim.
Wren Wallace was stopped while driving a car suspected of transporting illegal liquor. Officers observed the contraband in plain view and arrested Wallace without a warrant. The arrest was upheld because the officers had probable cause developed during the lawful vehicle encounter.
Wilma Wright was arrested without a warrant while standing on a public sidewalk after officers developed probable cause that she had committed fraud. Because the arrest occurred in a public place, no warrant was required even though officers had time to obtain one.
Wyatt Wilson was arrested without a warrant after police corroborated an anonymous tip with independent investigation showing he was selling drugs. The totality of the circumstances supplied probable cause for the arrest even though the initial tip alone would have been insufficient.
No. The Fourth Amendment permits a warrantless arrest for a misdemeanor committed in the officer's presence even when the offense is punishable only by a fine.
Supporting sources
The government must promptly file a complaint supported by probable cause in the district where the offense was allegedly committed so that a magistrate can review the basis for detention at the initial appearance.
Supporting sources
At common law an officer generally may not arrest for a misdemeanor unless the offense occurred in the officer's presence, though some states have created statutory exceptions for offenses such as domestic violence.
The exclusionary rule may bar the use of evidence obtained as a result of an arrest lacking probable cause, but the rule does not apply if the officers acted in objectively reasonable reliance on a subsequently invalidated warrant or other authority.
…his colleagues or superiors will participate in the decision, and it may be that the officer will secure a warrant, although warrantless arrests on probable cause are not forbidden by the Constitution or by state law. Making the arrest in such circumstances is precisely what the community expects the police officer to do. Neither…