0
Is probable cause necessary for an arrest under any circumstance?
Wiki User
∙ 13y ago
Anytime I see the word "Any" it's hard to give you a perfect answer. 99.9% of the time, you either need to witness the crime, have probable cause (PC) or need a warrant to make an arrest.
I'm sure there is a situation out that that might not fall into one other those but a cop still makes the arrest, I don't know.
One thing to keep in mind is that the PC comes from the officer, not the person being arrested. I have had people tell me I didn't have PC to arrest them, but the reality is I did and I'm the one that has to articulate MY PC not what joe blow thinks is PC.
Wiki User
∙ 13y ago
Add your answer:
Earn +20 pts
What if probable cause didn't exist?
Then an arrest might not be made, and a prosecution could not be conducted.
Define and describe probable cause?
Probable cause refers to the standard by which a police officer has the right to make an arrest, conduct a personal or property search, or to obtain a warrant for arrest. It is also used to refer to the standard to which a grand jury believes that a crime has been committed.Added: Probable cause is the standard used in justifying certain police actions. For example, police need to have probable cause to believe evidence of a crime exists when making an arrest or in requesting a search warrant.Probable Cause is more than mere suspicion but less than the amount of evidence required for conviction.For example: A police officer may use "probable cause" to arrest someone for attempted theft when he finds someone trespassing on private property late at night wearing a stocking mask. Using this probable cause as justification for stopping the subject and, searching them, they find them in possession of burglary tools, thereby justifying the probable cause forcible stop.
Who is the responsible for determining the existence of probable cause for the issuance of a warrant of arrest or search warrant?
judge
Why are probable cause warrants issued?
For the "probable cause" that a criminal event has, or is about to occur, and by serving the warrant (search or arrest) the crime can be solved or prevented. Probable Cause (partial definition): " . . is more than mere suspicion but less than the amount of evidence required for conviction."
What is the significance of probable cause?
"Probable Cause" is the foundatiion on which all arrests are based. It is a reasonable belief that a person has committed a crime. The test for whether probable cause exists for the purpose of an arrest is whether facts and circumstances within the officer's knowledge are sufficient to warrant a prudent person to believe a suspect has committed, is committing, or is about to commit a crime. See: http://www.lectlaw.com/def2/p089.htm
What is required for an arrest warrant?
probable cause
Under what circumstances would no warrant be needed to arrest someone for assault?
No warrant is ever necessary. Any armed assault is a felony offense for which only probable cause is necessary to effect an arrest. So-called 'Simple Assault' in most(all?) jurisdictions is a "probable cause misdemeanor" and, unlike the vast majority of other misdemeanor offenses (which must be committed in the officers presence for an arrest to be made), you can be arrested for it based on probable cause alone.
What level of belief that allows the police to make an arrest?
The police officer has to have probable cause to believe a particular person commited the crime in question. In court, probable cause is NOT enough to convict you of the same crime.
When is probable cause not required?
When no arrest is contemplated.
A confirmed NCIC hit may be probable cause for arrest.?
An unconfirmed NCIC Wanted Person File Hit can constitute probable cause to make an arrest.
Can immigration arrest on store parking lots?
If they have probable cause to do so, yes. With probable cause, or an arrest warrant, law enforcement may make an arrest at any location, private or public.
For an arrest to be lawful police must have either a warrant or what?
have probable cause to believe that a crime is being committed.
What are the legal basis for arrest?
A police officer must have probable cause in order to arrest someone. They can arrest a person if they see a crime taking place or if an arrest warrant has been issued.
Most juridictions allow arrest for a felony without a warrant as long as probable cause is established?
Most juridictions allow arrest for a felony without a warrant as long as probable cause for the arrest can be articulated.
Police may arrest a person accused of a crime if they have what?
I think "probable cause" is the legal term.
How was probable cause established?
Probable cause is determined by a statement of the facts in a case, including how much evidence the police have to prove their case. Probable cause is the determination that it is likelier than not a person has committed a crime or is committing a crime. There are different levels of probable cause, including for search warrant and for an arrest warrant. A probable cause for a search warrant isn't necessarily a probable cause for an arrest, and vice versa
How are warrant arrest and probable cause arrest alike and different?
A arrest warrant is an order by a judge, to the police, to bring a person before the court to answer for criminal charges. Arrest warrants (with some exceptions, such as Ramey warrants in California) are only issued after the judge has reviewed a probable cause affidavit that describes the probable cause for the arrest and agrees that the arrest is reasonable. In a probable cause arrest, also known as an "on view" arrest, the arresting officer makes the decision to arrest the person on the spot. The decision will later be reviewed by the officer's supervisor(s) and by the prosecutors office before criminal charges are actually filed and the defendant is arraigned.
