This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Arrest without warrant refers to the act of apprehending an individual by law enforcement authorities without having a warrant issued by a judge or other judicial authority. This type of arrest is generally justified under certain circumstances when a crime is committed in the presence of law enforcement officers or when there is probable cause to believe that a person has committed a felony offense. There are several situations in which an arrest without warrant may occur: 1. A Felony Committed in the Presence of Law Enforcement: If law enforcement officials witness a felony crime being committed, they have the power to make an immediate arrest without obtaining a warrant. For example, if an officer catches someone committing a burglary, they can arrest the suspect without a warrant due to the clear evidence observed. 2. Probable Cause: When there is enough evidence or reasonable suspicion to believe that an individual has committed a felony offense, law enforcement may arrest them without a warrant. Probable cause requires more than a mere hunch but falls short of the certainty necessary for a warrant to be issued by a judge. The evidence that supports the probable cause can include witness testimonies, physical evidence, or even reliable informants. 3. Hot Pursuit: Arrest without a warrant is also permissible when a suspect attempts to flee from law enforcement authorities. If a person is pursued and caught immediately after committing an offense or attempting to evade arrest, the police can lawfully detain and arrest them, even without a warrant. 4. Emergency Situations: In circumstances where public safety is at risk or there is an immediate threat of harm, law enforcement agents can perform an arrest without a warrant. This applies when there is a need to prevent harm, stop ongoing criminal activity, or protect individuals from danger. It is important to note that while arrest without warrant can be carried out in these situations, law enforcement agencies are still required to follow proper procedures and guidelines to ensure the legality and validity of the arrest. The circumstances of the arrest, the evidence collected, and the motives behind the arrest without warrant can all be scrutinized by the courts.
