0
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.
Still curious? Ask our experts.
Chat with our AI personalities
Fran
Lao
MaxineAdd 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.
Who is the responsible for determining the existence of probable cause for the issuance of a warrant of arrest or search warrant?
judge
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.
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
