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Arrest Without Probable Cause In Montgomery
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State:
Multi-State
County:
Montgomery
Control #:
US-000280
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FAQ
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.
Yes, if an officer has probable cause to believe someone has committed a crime, they can arrest them without a search or arrest warrant'. Normally the consequence is that that person can be brought to and booked into a jail.
The true statement about warrantless arrests is that an officer can arrest someone suspected of a felony without a warrant if they have probable cause. This is a higher standard than reasonable suspicion required for stop-and-frisk situations. So the correct answer is option(b).
A search incident to arrest may only be conducted when two (2) requirements have been met. First, there must have been a lawful custodial arrest. At a minimum, this requires that (1) probable cause exist to believe that the arrestee has committed a crime and (2) an arrest is actually made.
The Search Incident to Arrest Exception This exception serves two governmental interests: (1) the need to ensure officer safety and disarm the suspect and (2) the need to prevent destruction of evidence.
B) Chimel v. California.
One instance where a lack of Probable Cause may arise is in prosecutions for Driving Under the Influence pursuant to California Vehicle Code Section 23152(a) VC and California Vehicle Code Section 23152(b) VC. Law enforcement is always on heightened alert for impaired drivers, especially at certain times and locations.
The presentation of any of these facts would allow an officer to perform a search and make an arrest. Be aware that minor traffic violations (e.g. speeding, broken tail-light, or expired registration) are not considered probable cause.