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.
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.
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.
Hot pursuit: Officers can arrest and search individuals who are suspected of committing a felony. For the pursuit, officers can enter any property to search and seize evidence without warrants.
Two types of arrests exist: (1) actual restraint (with or without the use of force) and (2) submission to custody.
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.
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.