Define: Arrest Without Warrant

Arrest Without Warrant
Arrest Without Warrant
What is the dictionary definition of Arrest Without Warrant?
Dictionary Definition of Arrest Without Warrant

Arrest Without Warrant:

Noun

1. A legal procedure in which a law enforcement officer detains an individual suspected of committing a crime without having obtained a warrant from a judge or magistrate. This type of arrest is typically allowed under specific circumstances, such as when the officer has reasonable grounds to believe that a crime has been or is being committed, or when there is a risk of the suspect fleeing or destroying evidence.

2. Also known as a warrantless arrest, it grants law enforcement officers the authority to apprehend and temporarily detain an individual without prior judicial approval. The legality of an arrest without warrant is often subject to scrutiny and must adhere to constitutional rights and legal provisions, ensuring that the officer’s actions are justified and reasonable.

Full Definition Of Arrest Without Warrant

Arrest without warrant refers to the power of law enforcement officers to apprehend an individual without obtaining a warrant from a judge or magistrate. This authority is typically granted in specific circumstances where immediate action is necessary to prevent the escape of a suspect, protect public safety, or preserve evidence.

In many jurisdictions, officers may make an arrest without a warrant if they have probable cause to believe that a crime has been committed and that the person to be arrested is responsible for it. Probable cause is a reasonable belief, based on facts and circumstances, that a crime has occurred and the individual being arrested is involved.

However, the power to arrest without a warrant is not unlimited. It is subject to constitutional limitations, such as the Fourth Amendment in the United States, which protects individuals from unreasonable searches and seizures. Courts have established that an arrest without a warrant must be supported by probable cause and must be based on exigent circumstances that justify the immediate arrest.

Exigent circumstances may include situations where there is a risk of imminent harm to the public, the suspect is likely to flee, or there is a need to prevent the destruction of evidence. The determination of whether exigent circumstances exist is made on a case-by-case basis, taking into account the specific facts and circumstances of each situation.

While arrest without a warrant provides law enforcement with a valuable tool to swiftly respond to certain situations, it is important to balance this power with the protection of individual rights. Courts play a crucial role in reviewing the legality of such arrests and ensuring that they are justified under the law.

Related Phrases
No related content found.
Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March 2024.

Cite Term

To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.

  • Page URL:https://dlssolicitors.com/define/arrest-without-warrant/
  • Modern Language Association (MLA):Arrest Without Warrant. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/arrest-without-warrant/.
  • Chicago Manual of Style (CMS):Arrest Without Warrant. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/arrest-without-warrant/ (accessed: May 09 2024).
  • American Psychological Association (APA):Arrest Without Warrant. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/arrest-without-warrant/
Avatar of DLS Solicitors
DLS Solicitors : Divorce Solicitors

Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.

All author posts