A legal arrest, without a warrant, based on probable cause of a felony, or for a misdemeanor committed in a police officer’s presence. — Also termed arrest without a warrant. See WARRANT. [Cases: Arrest 62. C.J.S. Arrest §§ 10–11.]
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warrantless arrest 无证逮捕 指不需持有逮捕令而逮捕某人。在美国，如果逮捕官有合理根据怀疑某人犯有重罪或亲眼目睹某人实施了构成妨碍治安的轻罪时，允许其对该人实施无证逮捕；在英国，任何人有权对犯有或正在实施可捕罪〔arrestable offence〕或有合理根据怀疑其犯有或正在实施可捕罪的任何人进行无证逮捕。 (→arrest)
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A search conducted without obtaining a proper warrant. • Warrantless searches are permissible under exigent circumstances or when conducted incident to an arrest. See exigent circumstances under CIRCUMSTANCE; protective search.
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in-presence rule. The principle that a police officer may make a warrantless arrest of a person who commits a misdemeanor offense not only in the officer’s actual presence but also within the officer’s immediate vicinity. “The common law rule with respect to misdemeanors was quite different; a warrant was required except when a breach of
The principle that a police officer may make a warrantless arrest of a person who commits a misdemeanor offense not only in the officer’s actual presence but also within the officer’s immediate vicinity.
immediate control. Criminal procedure. 1. The area within an arrestee’s reach. • A police officer may conduct a warrantless search of this area to ensure the officer’s safety and to prevent the arrestee from destroying evidence. [Cases: Arrest 71.1(5); Automobiles 349.5(10). C.J.S. Arrest §§ 70–71.] 2. Vehicular control that is close enough to allow the
fresh pursuit. 1. The right of a police officer to make a warrantless search of a fleeing suspect or to cross jurisdictional lines to arrest a fleeing suspect. [Cases: Arrest 63.3; Automobiles 349(12). C.J.S. Arrest §§ 18–20.] 2. The right of a person to use reasonable force to retake property that has just been taken.