Can The Police Arrest Me Without an Arrest Warrant?

There’s a knock on your door. When you open it, you find the police standing there. They want to question you for a crime you allegedly committed. You answer the questions as honestly as you can. Then next thing you know, the police are slapping the handcuffs on you and putting you in the back of the police car. You are being arrested and charged with a crime. Can they do this without a warrant?

Before we answer this scenario, let’s first explain what an arrest warrant is. A warrant is issued by the judge which gives the police the power to arrest a person named in the warrant. The person named in the warrant has been identified as a suspect of a crime. The warrant many also give the police cause to search and seize any of the person’s property as evidence of the crime. The arresting officer must give the person notice about the warrant, the reason for the document, and if necessary, produce the document.

But police are allowed to arrest someone without an arrest warrant, as long as they have probable cause. The police can legally make a warrantless arrest if the following circumstances apply:

• The crime had been committed in the presence of the officer. For example, at a DUI checkpoint, the police pull you over under suspicion of drunk driving. After taking a breathalyzer test, you were over the legal limit. The police officer then has enough evidence to arrest you for DUI.
• The office has enough evidence to believe the suspect had committed a felony. This does not have to be done in the presence of the officer.

However, it’s important to note that a police officer cannot use probable cause if the person in question is accused of committing a misdemeanor. In this case, the police officer must have seen the crime take place in order to arrest someone without a warrant.

Can a police officer enter your home to arrest you without a warrant? Not really. Officers will need to obtain an arrest warrant before arresting you in your home unless under certain special circumstances such as someone being in danger in the home or was pursuing a fleeing suspect into the home.

If you or a loved one has been arrested in Northeastern Pennsylvania, then you will need a bail bond. Contact a bail bondsman at Andrew Pizzo Bail Bonds today.