What are Some Warrantless Arrest Exceptions?

When interacting with Police Officers, one must keep in mind there are several times when a person can be arrested without the issuance of an arrest warrant. When reviewing this article bear in mind that the warrantless arrest exceptions listed here are not necessarily exhaustive. This is merely a simple discussion and/or explanation of the six warrantless arrest exceptions listed here.

Generally speaking, the six instances when a Police Officer can arrest a person without a warrant are:

1. When a person is found in a suspicious place and under circumstances which reasonably show that the person is guilty of a felony: The typical scenario implicating this warrantless arrest exception is when the suspect is found at the scene of the crime and is identified by witnesses on scene as the suspect. Another plausible scenario is when the suspect comes back to the scene of the crime and is subsequently identified via surveillance and/or witnesses on scene. In either case, a Police Officer may exercise his authority and make a warrantless arrest exception. Say for instance that an Aggravated Robbery is committed on Fannin Street in Houston, Harris County, Texas, and someone on scene identifies a person on scene as the suspect, then the suspect in this case could be taken into police custody without a warrant.

2. When the Police Officer has probable cause to believe a person committed an assault resulting in bodily injury, and the Police Officer has probable cause to believe that there is danger of further assault resulting in bodily injury: This situation would typically be implicated when the parties know one another. For instance, if a fight happens at a local bar, which is located on Westheimer in Houston, Harris County, Texas, and the suspect allegedly assaults an acquaintance who sustained injury, the Police Officer could take that suspect into custody without a warrant so long as the Police Officer has probable cause to believe that a further assault is likely.

3. When the Police Officer has probable cause to believe that a person committed an offense in violation of court orders in a family violence case: This is typically a situation where the alleged suspect has a family violence case pending and the presiding judge has put bond conditions or court orders in place to prevent further violence. If the suspect allegedly violates the standing court orders in the pending family violence case, then a Police Officer may arrest the suspect without an arrest warrant. For instance, if the suspect goes to the protected person’s residence located on Lubbock Street, Houston, Harris County, Texas, then this would constitute a violation of a standing court order in a family violence case.

4. When the Police Officer has probable cause to believe that a person has committed an offense involving family violence: The typical situation implicating this warrantless arrest exception is when the suspect is alleged to have committed family violence and the Police Officer comes into contact with the suspect at a different location. For example, if the alleged family violence assault occurred on Richmond Avenue, Houston, Harris County, Texas, but the Officer came in contact with the suspect on Fountain View Drive, Houston, Harris County, Texas, the Officer could effectuate a warrantless arrest.

5. When the Police Officer has probable cause to believe that a person has prevented or interfered with an individual’s ability to place a telephone call in an emergency: This scenario is similar to warrantless arrest exception #4 in that the suspect is alleged to have interfered with a person’s ability to contact the authorities in an emergency situation. This scenario typically involves family members.

6. When a Police Officer observes a person make a statement to the Police Officer that would be admissible against the person and the statement establishes probable cause to believe that the person has committed a felony: In other words, when a person makes an admission to a Police Officer. The typical scenario implicating this warrantless arrest exception is when a Police Officer is investigating a crime scene and the Officer interviews the suspect. During the interview, the suspect makes a statement that is admissible in court and provides the Police Officer with probable cause to believe that the person making the statement has committed a felony.

As you can see there are several ways a Police Officer can arrest you without an arrest warrant. That is why it is very important that you exercise your rights when dealing with Police Officers. Keep in mind that you are not under any obligation to make a statement to Police Officers if you are suspected of a crime. As the sixth warrantless arrest exception illustrates, if you make an admission to a Police Officer and your admission indicates that you have committed or may have committed a felony the Police Officer may arrest you without obtaining an arrest warrant.

As previously stated, the above list is not intended to be exhaustive and this article is in no way intended to comment on each and every possible scenario when are confronted by a Police Officer, but this article is intended to provide basic information when faced with certain interactions with law enforcement.