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: Southern California Criminal Defense Blog

A Felony Arrest Will Be Deemed Unconstitutional in Violation of the Fourth Amendment if the Arrest is Not Supported by Probable Cause

By Walin & Klarich

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Insight from a Criminal Defense Lawyer An officer can generally arrest without a warrant for a felony in California not committed in the officer's presence. However, there must also be probable cause to believe that the felony was committed and that the suspect committed it, and the arrest must be in a public place. Maryland v. Pringle, 540 U.S. 366 (2003). A ?warrantless? arrest of an individual in a public place for a felony is inconsistent with the Fourth Amendment of the United States Constitution if the arrest is not supported by probable cause.

Full post as published by Southern California Criminal Defense Blog on August 07, 2009 (boomark / email).

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