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The Difference Between a Lawful and Unlawful Arrest Without a Warrant

By Walin & Klarich

Arrest Without a Warrant Must Be Supported by Objective Facts Justifying a Reasonable Belief that an Individual Has Violated the Law ? What an Experienced Criminal Defense Attorney Can Do for You In order to justify an arrest without a warrant, the actions of the arresting officer must be objectively reasonable. The actions must be based on facts that provide a reasonable belief that the person arrested has committed a public offense. (People v. Miller (1972) 7 Cal.3d 219.) This rule is based on a provision of the Penal Code, § 836, which provides: ?A peace officer may. . . without a warrant, arrest a person whenever he has reasonable cause to believe that the person to be arrested has committed a felony, whether or not a felony has in fact occurred...continue to full post

Full post as published by Southern California Criminal Defense Blog on June 16, 2009 (boomark / email).