The three requirements for a valid warrantless arrest
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Officers make millions of warrantless arrests every year. Though there may be additional state laws in play (e.g. cannot arrest for misdemeanor not committed in your presence), the 4th Amendment is not violated as long as you have probable cause, authority to make the arrest, and lawful access to the suspect. • You are not required to obtain an arrest warrant when the suspect is located in a public place. A public place would be described as any place where you have a lawful right to be. • Additionally, the arrest is lawful even if the charged offense is dropped for lack of probable cause as long as there was probable cause for another offense, even if uncharged. • A lawful arrest has these elements: • 1. You must have probable cause that a crime has been, is being, or is about to be committed; And probable cause that the person arrested committed the crime; • 2. You have jurisdiction under state law to make the arrest; • 3. You have lawful access to the suspect. • __________________ • More about Blue to Gold: • FREE LEGAL WEBINARS: https://www.bluetogold.com/calendar?c... • UPCOMING IN-PERSON LIVE ONLINE TRAININGS: https://www.bluetogold.com/calendar • ON-DEMAND TRAINING: https://university.bluetogold.com/ • BOOKS AND TRAINING MATERIALS: https://www.bluetogold.com/store • _____________________ • Let’s Connect: • • FACEBOOK: / bluetogoldtraining • TWITTER: / bluetogold • INSTAGRAM: / bluetogold • LINKEDIN: / bluetogold • _____________________ • Have another question? Submit it here: https://www.bluetogold.com/show • _____________________ • #BluetoGold #LawEnforcementTraining #PoliceTraining #TrainingDevelopement #FourthAmendment #SearchAndSeizure #TrafficStops #ReportWriting #InterviewAndInterrogation #DutytoIntervene #RealworldDeEscalation #K9Searh #Curtilage #Warrant #SearchWarrants
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