Also known as: arrests without a warrant · warrantless arrest · warrantless arrests
Written by attorneys · grounded in primary & secondary sources — see below
A seizure of a person by law enforcement officers without prior judicial approval when the officers have probable cause to believe the person has committed a crime.
Campus Officer Lopez observed Ava Adebayo jaywalk across an empty university street. Lopez handcuffed Adebayo and transported her to the station. The arrest occurred without a warrant even though the infraction carried only a fine.
Detectives entered Albert Allen's residence at night after developing probable cause that he had committed felony theft. They seized Allen inside without first obtaining an arrest warrant. Allen challenged the entry as unreasonable under the Fourth Amendment.
Select any source to read its text and confirm it supports the definition.
An officer observed Amber Alonzo behaving suspiciously near a jewelry store. After a brief pat-down revealed a concealed weapon, the officer arrested Alonzo without a warrant. The arrest rested on the facts that unfolded during the initial encounter.
Officers forced entry into Alexis Archer's apartment at gunpoint and arrested her without a warrant. They detained Archer at the station for ten hours while conducting further investigation. Archer later sued alleging an unconstitutional seizure.
Federal agents arrested Aisha Ahmed at her home without a warrant based on information from an informant. Agents later obtained statements from Ahmed during custodial questioning. Ahmed moved to suppress the statements as fruits of an unlawful arrest.
An officer shot and killed a fleeing suspect who had stolen property from Amelia Amari's garage. The suspect posed no threat to the officer or others at the moment of the shooting. Amari's estate challenged the use of deadly force during the warrantless arrest attempt.
Officers may arrest without a warrant when they personally observe a misdemeanor committed in their presence. The Fourth Amendment does not require that the offense carry a possibility of incarceration.
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Prosecutors must promptly file a complaint establishing probable cause in the district where the offense allegedly occurred. Delays for venue discussions do not excuse the filing requirement.
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A warrant is not required when officers have probable cause and the arrest occurs in a public place. Temporary fencing or ticketing at an event does not necessarily convert the space into a private area requiring a warrant.
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…is innocent. . . . And while a search without a warrant is, within limits, permissible if incident to a lawful arrest, if an arrest without a warrant is to support an incidental search, it must be made with probable cause. . . . This immunity of officers cannot fairly be enlarged without jeopardizing the privacy or security of the…