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Yes, under certain circumstances, police can make an arrest without a warrant so long as they have probable cause to believe the arrestee committed an offense. There are certain exceptions to this general rule, though.
Florida Statute § 901.15 lists all the situations in which officers can make arrests without a warrant. These include:
For certain crimes, a police officer does not have to witness a person committing the offense to make an arrest. If an officer has probable cause to think the alleged perpetrator committed one of the following crimes, they can arrest on the spot without a warrant:
In most cases, officers cannot enter your home and perform a search or arrest you without a court order or arrest warrant. If the police knock on your door, ask to see the warrant and examine it. If the warrant appears valid, do not resist arrest — even if you think the arrest is unfair. Resisting arrest, even without violence, can lead to additional charges.
The American Civil Liberties Union of Florida suggests the following: “Do not say anything, sign anything or make any decision without a lawyer. Prepare yourself and your family in case you are arrested. Memorize the phone numbers of your family and your lawyer. Make emergency plans if you have children or need to take medication.”
Per the Fourth Amendment, you have the right “to be secure in [your person], houses, papers, and effects, against unreasonable searches and seizures.” The law provides that for many circumstances, police must have a warrant to search, seize, or arrest. This amendment serves to protect people’s privacy and freedom from unreasonable invasion by the government.
However, so as not to unnecessarily interfere with law enforcement’s ability to do their job, the Supreme Court created exceptions to the warrant requirement. The Fourth Amendment justifies warrantless arrests when:
“A suspect arrested without a warrant is entitled to prompt judicial determination, usually within 48 hours,” according to the Legal Information Institute.
Officers can arrest someone for a felony that the officer did not witness the perpetrator committing. However, other than the misdemeanor exceptions and conditions listed above, police officers cannot arrest people for misdemeanor crimes not committed in the officers’ presence without a warrant.
For cases in which an officer has reason to believe someone committed a misdemeanor offense but did not witness the crime, the process involves the following:
If you or a loved one has been arrested, protect your rights and get the legal defense you need. Contact our defense attorneys at Goldman Wetzel for a free, one-on-one informative consultation.