FAQ

FAQ

• Can I Get Arrested if the Police Don't Have a Warrant

  The Fourth Amendment to the United States Constitution protects you from unreasonable search and seizure, and this has long been interpreted to mean that police cannot simply arrest you for any reason they want. Instead, in most cases, police officers need to demonstrate probable cause to believe you committed a crime and obtain a valid arrest warrant.

  However, like most legal principles, there are exceptions to the warrant requirements for an arrest. This is because there are situations in which taking the time to stop and get a warrant is not possible or might endanger the public. The following are some reasons why police might be able to arrest you without a warrant:

  • The officer witnessed you committing a criminal offense
  • The officer witnessed you committing a traffic offense
  • There are exigent circumstances, including officers believing that someone (or the public in general) is in danger if you are not arrested, that you are destroying evidence of a crime, or that you might escape and avoid arrest if a warrant is sought

  For example, if an officer pulls you over because you were allegedly driving erratically, and they discover you are intoxicated due to a breathalyzer test, they can arrest you at the traffic stop without seeking a warrant. This is because letting you drive away would be a risk to public safety, they witnessed the offense happening, and the chemical test provided probable cause to believe you were over the legal limit.

  In all of these situations, however, officers still need to meet the probable cause standard for a lawful arrest. If there was no probable cause, your defense lawyer could prove that your arrest was unlawful and seek the dismissal of your charges.