Posted: November 26th, 2013
Warrant/Without a Warrant (on-view)
An arrest warrant is a document that gives a police officer authority to arrest an individual who is committing a felony as per Coughlan (2008). Due to increased crime rate, police officers can arrest without an arrest warrant. A police officer is required to arrest without an arrest warrant if a person commits an offence in the presence of police officer. This should be in a situation where the offence involves insults, pain infliction, or life threatening. In this way, an officer is obligated to arrest without a warrant in order to prevent further harmful actions of the offender. For instance, in a case where by there is robbery with violence. The presence of the police officer in the robbery scene will require him to arrest. It might be illogical for the police to go for the warrant while the crime is on progression. An officer will intervene to that effect in order to save life or prevent further harmful effects of the criminals. Therefore, the police officer will have a mandate to arrest that individual with or without an arrest warrant.
In another instance, a police officer may arrest an individual with or without a warrant in a scenario where the officer has credible grounds to certify the offence. In this way, the officer will have a reason without doubt to believe the offence has been committed or it is in progression. With reference to this, a traffic officer shall have the authority to arrest an individual who violates traffic rules and regulations knowingly. For instance, it is an offence for someone to operate a ferry under the influence of stimulating liquor and for this reason causing careless driving, which results to accidents. A police officer in this instance may use a breath tester to check the level of alcohol though it might not be necessary unless the person cited denies the offence. In addition, violation of foreign orders knowingly by an individual may also cause the police officer to arrest. This is with an effect that it has come to the knowledge of the police officer at that instance. In the cases where there is violence in a family as a result of persons at the age of sixteen and above inflicting pain to his fellow family members, the officer is required to arrest both with or without a warrant. Therefore, in the cases where the officer is convinced beyond reasonable doubts that a person has committed an offence, he shall arrest him without a warrant.
. A police officer will arrest and retain into custody a person who violates a court order or a discharge on bail .This will come into effect if the offender is aware of the documents and he still goes ahead and violates. For instance, a person who has committed harassment on another and he has been reported. The court might give him a restriction order that will prevent further harassment occurring. However, if this person responsible for the offence continues harassing the casualty even after the court had issued the restriction, the officer takes charge to arrest that individual without a warrant. This immediate and sudden arrest of the individual is done to prevent further pain infliction to the victim (West Publishing Company, 1988). Therefore, an officer from the police department can arrest where there is continual iniquity.
In circumstances where a police officer establishes a cause that has probability that an individual has firearms, an immediate arrest is recommended. This is with a citation where the executor illegally possesses the firearm within private or public premises or in a secondary institution. This way, the police officer can arrest without a warrant in order to prevent the exposure of this dangerous weapons to the people. This unwarranted arrest may also occur if a police officer establishes a likelihood ground that, the alleged violation has been committed within time brackets of twenty-four hours. Another case where the unwarranted arrest comes into portray is where an individual formally charged for criminal case does an offence. In this respect, there should be an idea about this person that, before he had been involved in criminal offence in which he was guilty. Through this way, the police may exercise unwarranted arrest basing argument that the executor has been involved in another felony.
Coughlan, S. G. (2008). Criminal procedure. Toronto: Irwin Law.
West Publishing Company (1988). West’s Pacific reporter. Virginia Beach, VA: West Pub. Co.
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