Warrantless Arrest

An arrest made without a warrant. At common law, an officer was justified in making an arrest without a warrant if the officer reasonably believed that the defendant had committed a misdemeanor in his or her presence or had committed any felony. There is a constitutional preference for arrest upon a warrant, however, 379 U.S. 89, and the Supreme Court has held that a warrantless arrest will be judged by a somewhat higher standard of probable cause than if the same arrest had occurred under the direction of a neutral and detached magistrate. Id. While warrantless arrests in public places have been upheld, 423 U.S. 411, an arrest in a private residence requires an arrest warrant unless there are exigent circumstances. 445 U.S. 573.



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