Although thousands of arrest warrants are issued every year, it is not absolutely necessary for the police to have a warrant to arrest you. An arrest occurs when a person is taken into custody by the police against that person’s will for the purpose of interrogation or prosecution.
The Fourth Amendment
The police’s use of their legal authority to take you into custody against your will has constitutional implications and is governed by the Fourth Amendment to the Constitution, which states, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
Warrantless Arrests in Tulsa, Oklahoma
The Fourth Amendment suggests that a warrant should be required for the police to arrest you. However, this mandate is particularly impractical in reality.
For example, if an officer witnesses a suspect committing a crime, the suspect may escape if the officer has to obtain a warrant before making an arrest. For this reason, the courts have ruled that officers, and even private citizens, are allowed to make warrantless arrests if they have probable cause to believe you have committed a crime.
Thus, an officer who witnesses a crime in progress has probable cause to arrest you. Furthermore, if an officer receives information supporting probable cause from other police officers or citizens, the officer can arrest you without a warrant. Likewise, a suspect who flees an officer creates probable cause, and an officer may pursue and arrest anyone who flees.
Terry Stops in Tulsa, Oklahoma
In addition to the right to arrest you without a warrant, an officer may stop and detain you without arresting you if there is reasonable suspicion that you have committed a crime, are in the act of committing a crime, or about to commit a crime. This is referred to as a “Terry stop,” and it can even allow an officer to perform a warrantless search of your person and property without probable cause to arrest you. The evidence the officers find while in their search may then provide probable cause and lead to a warrantless arrest.
Free Consultation: Tulsa Criminal Defense Attorney
The Fourth Amendment is complex, and each arrest brings a new set of facts and circumstances. While the courts have carved out various exceptions to your right to be free from unreasonable search and seizure, many arrests have their legality successfully challenged in court.
While each case is unique and results in your case depend on your actions, the criminal defense attorneys at Tulsa Criminal Defense Law Firm have a solid record of winning dismissals, acquittals and legal victories for clients. To discuss your specific case, contact a skilled Tulsa criminal defense attorney for a free consultation and case evaluation. Call today — (918) 256-3400.