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Do Police Need a Warrant to Make an Arrest?


As an American, is vital you are aware of your rights, especially in regard to law enforcement. Many people are under the belief that police need a warrant to make an arrest, which simply isn’t true. Warrantless arrests are legal under specific circumstances, up to the discretion of the police officer and most importantly, the judge. What is more important that a warrant is that of probable cause or proof.

If a police officer witnesses a crime occurring in front of his or her eyes, a warrantless arrest can be made. Otherwise, probable cause is required, in which a police officer must believe the suspect in question has committed a felony. If a police officer can prove to a judge that an arrest is necessary without taking the time to collect any specific proof or creating a warrant, then an arrest can lawfully be made. It is an abstract concept, which means it can be argued against.

Suspicion alone is not enough to constitute probable cause, which is why probable cause must be evaluated in a case by case basis. If you feel you have been wrongfully arrested without a warrant or probable cause, we feel you should fight against this injustice immediately.

Contact Our Experienced & Skilled Santa Barbara Criminal Defense Lawyer Today

Following an accusation, charge, or arrest regarding criminal activity, time is of the essence in enlisting in the help of Santa Barbara criminal defense attorney. If you hesitate to do so, your personal and professional lives are at risk of severe damage. Our legal team seeks to protect your reputation, freedom, and overall wellbeing by offering comprehensive guidance and representation--don't face this challenge alone.

You may contact us at your earliest convenience by calling (805) 467-6060.

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