Do the Police Need a Warrant to Arrest Me?

If a police officer arrested you without a warrant, you may want to explore whether the arrest violated your rights. If the arrest was unlawful, you may be eligible to have your charges dropped.

If you have been recently arrested, you should consider reaching out to a Ventura criminal defense lawyer at The Law Offices of Bamieh & De Smeth, PLC.

California Law on Arrest Warrants

In California, a police officer can arrest someone without a warrant being issued. According to California Penal Code § 817, an arrest warrant can be issued by a magistrate only if the judge determines that there is probable cause for that person’s arrest.

Probable cause is a standard by which there must be reasonable grounds to arrest an offender. This is required by the Fourth Amendment of the U.S. Constitution, by which everyone is granted the right to be “…secure in their persons, houses, papers, and effects…” The California Constitution declares those same rights in Article I, Section 13.

If a magistrate does not find probable cause, then an arrest warrant will not be issued, and an arrest will not be made. However, there are exceptions, known as exigent circumstances, by which a police officer can arrest someone without a warrant.

Exigent Circumstances

Both the U.S. Supreme Court and California courts have determined that exigent circumstances negate the need for a warrant. Exigent circumstances are those situations in which an emergency exists.

Exigent circumstances may include:

• A police officer or someone else is being harmed
• Evidence is being destroyed
• If a police officer is chasing a suspect (known as “hot pursuit”)
• If a felon is about to get away
• Rending medical assistance to an injured person
• If the culprit committed the crime in the presence of a police officer

An example of an exigent circumstance is if a police officer watches someone set a house on fire. The police officer can arrest the offender for arson. A warrantless arrest would be permitted since the officer saw the person light the match and set the property ablaze.

What to Do If There is a Warrant Out for Your Arrest

Given these exigent circumstances, warrantless arrests are becoming the norm. If you think that there may be a warrant out for your arrest, you can simply visit the Sheriff’s Office website for Ventura County and search for active arrest warrants.

If you find that there is an active warrant for your arrest, you should immediately contact a Ventura criminal defense lawyer who can advise you on your next steps. A criminal defense lawyer can contact the arresting police officer to determine the reason for the warrant and to attempt to have the charges cleared.

Recently Arrested? Contact a Ventura Criminal Defense Lawyer Today

Being arrested can be jarring. While some warrantless arrests may be justified, others may be a failure of a police officer to fulfill his or her due diligence. If you have been recently arrested, you need dedicated representation that can only be found in a skilled Ventura criminal defense lawyer. Contact us today online or by calling 805-643-5555 to schedule your free consultation.