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Police and Arrest Warrents

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In most instances police need a warrant in order to arrest an offender or accused. What are the occasion's police do not need an arrest warrant? If a situation occurs in which a police officer makes an improper arrest what can the arrested person do? Does the person have the right to arrest the unlawful arrest?

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Solution Summary

Under what circumstances that police officers do not need arrest warrants.

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If a suspect has been legally arrested, the police may search the defendant and the area within the defendant's immediate control. In a search incident to arrest no warrant is necessary as long as a spatial relationship exists between the defendant and the object. In most jurisdictions, an arrest warrant is required for misdemeanors that do not occur within view of a police officer. However, as long as police have the necessary probable cause, a warrant is usually not needed to arrest someone suspected of a felony.In all criminal cases in which the defendant is arrested without a warrant, including cases that are not within the jurisdiction of the magistrate or metropolitan courts, a criminal complaint shall be prepared and given to the defendant prior to his or her transfer to custody of the detention center. After transferring the defendant to custody, the complaint shall be filed with the court. If the court is not open at the time the copy of the complaint is given to the defendant, the complaint is filed the next business day of the court. Magis. Ct. R. 6-201; Metro. Ct. R. 7-201; see also §2.1-2(D) of this Benchbook.
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