Why Can Warrants Be Used in Some Cases But Not in Others?
When a court judge has probable cause to believe someone has broken the law, he can sign a warrant authorizing that person's arrest. However, there are cases in which a warrant may not be served.
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Felony Offenders
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Under normal circumstances, a warrant is not necessary to arrest a person who is suspected of committing a felony. However, the police must have probable cause in order to arrest the suspect.
Misdemeanors
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If a person commits a misdemeanor, a police officer can apprehend the offender immediately without a warrant being issued if the misdemeanor has occurred in the officer's presence. This includes an individual who violently and verbally threatens another when an officer has ordered him to cease and desist.
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Attempting to Elude
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Should an individual attempt to flee from or elude an officer who is trying to apprehend him, the pursuing officer and/or support officers involved in his pursuit and capture can immediately arrest him without a warrant.
Shoplifting
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An officer does not normally need a warrant to immediately arrest a shoplifter. This is due to the fact that the suspect is often caught in process of committing the crime and detained by store management.
Search Warrants
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If a police officer has a search warrant for a certain house or other building, he is not allowed to search any other building on the property unless he has a separate warrant for that particular building.
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References
- Photo Credit Image by Flickr.com, courtesy of dave conner
