What Evidence is Needed to Make a Lawful Arrest?
In order to make a lawful arrest, a law enforcement police officer must have "probable cause" to believe that a crime has been committed by the person being arrested. This generally requires an warrant from a judge.
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An Arrest Warrant
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Generally, before making an arrest, a police officer must present evidence to a judge. The judge will issue a warrant for the arrest if she finds that there is probable cause to believe that a crime has been committed and that the suspect committed it.
Probable Cause
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Probable cause is a legal term which does not have a precise definition. The United States Supreme Court has ruled that probable cause is determined by asking whether a "reasonably prudent person" would believe that the suspect committed a crime.
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Evidence Needed
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The amount of evidence needed to support a finding of probable cause is much less than what would be required to convict somebody of a crime. The police officer must have a good faith belief, based on tangible evidence, that the crime was committed by the suspect.
Types of Evidence
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The type of evidence needed depends on what crime a person is being arrested for. For example, to arrest someone for bank robbery, the police have to show that a bank was robbed and the suspect was identified as the person who robbed it.
Exceptions
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There are some situations where a police officer can arrest a person even without a warrant. If the police officer saw the crime being committed, he would not need to get a warrant.
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