Yes, you can be arrested without a warrant in certain situations. Law enforcement officers have the authority to make warrantless arrests under specific circumstances when they have probable cause to believe that you have committed a crime. Here are some common scenarios in which you can be arrested without a warrant:
- Probable Cause: If a police officer has reasonable belief that you have committed a crime, they can arrest you without a warrant. Probable cause is a higher standard than mere suspicion; it requires specific facts and circumstances that would lead a reasonable person to believe a crime has occurred. Please watch our YouTube Channel to learn more about probable cause.
- In Plain View: If a police officer witnesses you committing a crime or has reasonable cause to believe you have committed a crime and they are present at the scene, they can arrest you without a warrant.
- Exigent Circumstances: If there are urgent circumstances that require immediate action, such as preventing the destruction of evidence, ensuring public safety, or apprehending a suspect who is about to escape, the police can make an arrest without a warrant. Watch this video.
- Hot Pursuit: If you are fleeing from the scene of a crime, and police are in hot pursuit, they can arrest you without a warrant. Watch: Police enter a home without a warrant in “hot pursuit” of a misdemeanant! Lange v. California 2021
- Fugitive: If you are a fugitive wanted for a crime in another jurisdiction, the police can arrest you without a warrant.
- Traffic Violations: Generally, for certain traffic violations, particularly more serious offenses like driving under the influence (DUI), the police can arrest you without a warrant.
- Terry Stop: Under the “Terry stop” doctrine, police officers can briefly stop and question you if they have reasonable suspicion that you are involved in criminal activity. If during this stop they develop probable cause for arrest, they can take you into custody without a warrant.
- Violation of Court Orders: If you violate a court order, such as a restraining order, the police can arrest you without a warrant.
- Domestic Violence: In some cases involving domestic violence, police officers may arrest a suspect without a warrant if they have probable cause to believe a crime has occurred.
It’s important to note that the laws regarding warrantless arrests can vary depending on your jurisdiction and the specific circumstances. If you are arrested without a warrant in San Diego, it’s generally a good idea to seek legal counsel as soon as possible to understand your rights and options. Call San Diego Criminal Defense Lawyer Anton Vialtsin at 619-357-6677
Our office is conveniently located in downtown San Diego at 185 West F Street, Suite 100-D.
You can reach our office by calling (619) 357-6677.
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