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Arrest Without Warrant Meaning In Georgia
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US-000280
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Warrantless means that government officers carry out a search or arrest without a warrant or any other legal authorization. The requirement of a warrant serves to protect individuals' privacy interests against unreasonable governmental intrusion.
- Provision of this section that a person arrested without a warrant and not conveyed before an officer authorized to issue warrants within 48 hours "shall be released," means that such person shall be released from imprisonment or custody until a warrant is obtained; not that the person shall be released from trial ...
If evidence is obtained without a valid search warrant, and no exception to the warrant requirement applies, the evidence may be subject to the exclusionary rule. The exclusionary rule prevents illegally obtained evidence from being admitted in a court of law.
When making an arrest without a warrant, the officer shall inform the person to be arrested of his authority and the cause of the arrest, unless the person to be arrested is then engaged in the commission of an offense, or is pursued immediately after its commission or after an escape, or flees or forcibly resists ...
In NY a suspect must be arraigned within 48 hours (72 hours on a weekend) or he must be released. At arraignment he is formally charged and most often bail conditions are set.
The exclusionary rule prevents the government from using most evidence gathered in violation of the United States Constitution. The decision in Mapp v. Ohio established that the exclusionary rule applies to evidence gained from an unreasonable search or seizure in violation of the Fourth Amendment.