For the police to make a lawful arrest, the arresting officer(s) must have either (1) probable cause to arrest, or (2) a valid arrest warrant.
A valid arrest warrant is one
These minimum requirements stem from the language contained in the Fourth Amendment. Federal statute and most jurisdictions mandate the issuance of an arrest warrant for the arrest of individuals for misdemeanors that were not committed within the view of a police officer. In a non-emergency situation, an arrest of an individual in their home requires an arrest warrant.
- containing an adequate showing of probable cause
- issued by a neutral and detached magistrate
- issued on the basis of a police affidavit that does not contain known or reckless falsehoods
- particularly describing the person to be seized
I edited a piece out of here that had to do with felonies witnessed by people in public. This definition comes off of Wikipedia and it is mistaken. It stated that when a felony is witnessed in public a warrant is not needed for arrest. That is correct. But misleading. The warrant is needed for PROSECUTION.
Can I still get my hazmat certification if I was arrested six years ago?
Discussion in 'Questions From New Drivers' started by Meganleigh, Mar 4, 2015.
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Sirry. This thread has been completely jacked. I was just trying to get to what this person was arrested for. Now all of a sudden we are into what a warrant is. It's a document. A document that must be signed by a judge IN ALL CRIMINAL MANNERS. Cannot be issued without criminal activity. OP said a warrant was issued for her but no charges were filed. That is an impossibility. Well. Not totally impossible but highly improbable. And I wish that would happen to me. Because the name of that police department would be Mine after the lawsuits I would file.
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Tell me more Truckstop lawyer. Tell me more. This just gets better and better! So you like law and order marathons, huh?
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To the OP, you should be fine. Once you get a few coins in your pocket, I would suggest you look into getting your record sealed and expunged. Every state is different, and I'm only familiar with FL law.
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i was witnessed at the crime scene by the guy and his girlfriend. because I was driving them they identified me and put a warrant for my arrest. -
VeganTrucker Thanks this.
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Most truckstop diners are full of drivers who "used to be" special forces or LEOs, they only drive because they were bored.... even more of these "special" guys on the internet...lmcclure1220 Thanks this.
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