Example Of Warrantless Arrests Essay

It is with no doubt that police officers are always there to help in taking firm actions against any crime, which can be expressed as their sole duty in today’s society. However, police have the right to arrest any law offender in three instances; when crime is committed in their presence, any felony crime committed and an arrest warrant. However, this paper seeks to understand the first two, which will explain warrantless arrests, policies related, laws and justices related to such cases.
Warrantless arrests can be done when an offence is committed in the presence of an officer. When a crime is done in the presence of an officer, he/she has the right to arrest the person(s) involved in the crime without any warranty whatsoever. Under this, the presence of the officer implies any senses of the officer, for example, the smell of a drug around, which becomes the basis for a probable offence. However, the officer cannot make an arrest without confirming that the crime is committed. It implies that the officer cannot merely suspect a crime and make an arrest without confirming the actual crime taking place. The crime must be within his presence, nonetheless.
Notably, there are two situations that the officer ought to make an arrest depending on the nature of the crime. This crime can be felony or misdemeanor. The latter can always proof to be heard for an arrest, especially after an officer appears on the crime scene after the offence is committed. It can call for an arrest warrant although it can be meaningless if the criminal flees, lack of evidence or if the crime involved traffic offence. However, there are exceptions in some states that can involve the arrest of an individual following a misdemeanor crime, as long as there is an evidence of probable cause of committing a crime by individual.
Warrantless arrest based on probable cause is the second type of warrantless arrest and happens whenever the suspect commits a felony type of crime. If the officer believes the suspect has committed a crime, has sufficient evidence against the suspect and has enough reasonable information that implies the suspect has committed a crime. Then warrantless arrest can be made as long as it is a felony type. Exceptions exist in some states, just like crime committed in the presence of an officer as long as it is reasonable and evidential enough to imply the suspect. Probable cause can be anything that the officer becomes aware of, either through his senses (observations) or any information given to the officer. These form of arrests, as long as it is felony type, need not be made immediately. The arrests are always based on the severity to the society in expending any felony crime made, as long as the officer has sufficient probable cause evidence. This form of warrantless arrest cab is made in public, no matter the duration that is to exist for the arrest to be made.