Can The Police Arrest Me Without An Arrest Warrant
Posted April 25th, 2017 by bhuertas.
Categories: Arrest.
Theres a knock on your door. When you open it, you find the police standing there. They want to question you for a crime you allegedly committed. You answer the questions as honestly as you can. Then next thing you know, the police are slapping the handcuffs on you and putting you in the back of the police car. You are being arrested and charged with a crime. Can they do this without a warrant?
Before we answer this scenario, lets first explain what an arrest warrant is. A warrant is issued by the judge which gives the police the power to arrest a person named in the warrant. The person named in the warrant has been identified as a suspect of a crime. The warrant many also give the police cause to search and seize any of the persons property as evidence of the crime. The arresting officer must give the person notice about the warrant, the reason for the document, and if necessary, produce the document.
But police are allowed to arrest someone without an arrest warrant, as long as they have probable cause. The police can legally make a warrantless arrest if the following circumstances apply:
However, its important to note that a police officer cannot use probable cause if the person in question is accused of committing a misdemeanor. In this case, the police officer must have seen the crime take place in order to arrest someone without a warrant.
Fly Straight with Andrew Pizzo Bail Bonds
Situations In Which Florida Police Can Make Warrantless Arrests
Florida Statute § 901.15 lists all the situations in which officers can make arrests without a warrant. These include:
- The person has committed a felony or misdemeanor or violated a municipal or county ordinance in the presence of the officer.
- The officer knows or has reason to believe a felony was committed or is being committed and has a valid reason to believe the alleged perpetrator committed or is currently committing it.
- The person has a standing warrant out that another officer has in his/her possession.
Can Police Bring You In For Questioning Without A Warrant
Can a police detective bring someone in for questioning without a warrant? If you want to be questioned, you can go to the police station . In most cases, the police do not need to arrest you or charge you with a crime in order to interview you.
In most cases, police can make an arrest without a warrant as long as they have probable cause to believe the arrestee committed a crime. There are, however, exceptions to the general rule of thumb. According to the American Civil Liberties Union of Florida, Do not say anything, sign anything, or make any decision without consulting a lawyer. The Fourth Amendment states that a suspect arrested without a warrant is entitled to judicial determination within 48 hours of his or her arrest. If the perpetrator is not arrested, an officer may arrest the perpetrator for a felony that the officer did not witness. If you or a loved one has been arrested, protect your rights and seek the assistance of a lawyer.
Read Also: How Do I Obtain A Copy Of A Police Report
What If They Have A Warrant
A warrant is a document signed by a judge that gives the police the legal right to search your device The EFF recommends you ask to see the warrant and inspect it. Warrants often have limits, so its a good idea to know what those limits are. Lets presume the warrant includes your device. Heres where the Fifth Amendment becomes your friend.
If the police ask you to unlock your phone, whether that be via PIN, password, pattern, print, iris, or face, you can decline. Moreover, police cannot force you to unlock your device, such as by grabbing your hand, or shoving the phone in your face. A case decided earlier this year added the biometric distinction to this list.
The judge presiding over this particular case ruled that forcing a person to use their biometric data to unlock a device violates their Fifth Amendment rights. The judge said that all logins are equal, meaning there is no difference what form the login takes. Providing your passcode or otherwise unlocking your phone for police amounts to self-incrimination.
Bottom line, you dont have to unlock your device for police even if they have a warrant.
Anything Unlawfully Taken By The Police May Not Later Be Used As Evidence Against You
A search warrant is an order in writing signed by a judge directing a police officer to search a certain place and/or person for specified property and to bring that property to court. The warrant must describe the place and/or person to be searched and the property to be searched for.
The police officer has to show the search warrant and give notice of his authority or purpose before making entry and beginning to search.
However, the warrant may authorize the police to break in and search without notice. A police officer can break in if you refuse to admit him after being given notice.
Anything unlawfully taken by the police may not later be used as evidence against you.
If you are taken into police custody you have the following rights:
- You have a right to telephone your lawyer or to telephone your friends or family in order to notify them of your arrest.
- You have a right to speak with your lawyer at the place where you are being held.
- You have a right to remain silent. This means you can remain completely silent or answer some questions and not others.
- Before the police question you, they must tell you of your right to remain silent that any statement you make may be used as evidence against you and that you have a right to first speak with a lawyer and, if you wish, to have a lawyer present when you are being questioned.
Also Check: Should I Call The Police In A Car Accident
Can Police Search My Phone Without A Warrant
Now that texting while driving is illegal in Arizona, as well as talking on your cell phone while driving, you may find yourself in a situation where youre being pulled over for having your phone in your hand.
This probably leaves you with a few questions:
- Can police search through my phone without a warrant?
- Do any laws protect me from a search?
Lets address these questions. You need to know your rights if a police officer ever pulls you over and asks to see your phone.
Can Police Lie To You During Questioning
Yes, the police can lie to you during questioning.
There are limitations to their lies. For example, they cannot fabricate evidence to convince you that something did not happen. However, the police can tell you that your co-defendant has already confessed and accused you of masterminding the whole thing.
Knowing that the police can lie to you is why, even without a lawyer, you should probably avoid speaking with them altogether. If you do decide to talk with them, you will almost certainly want to invoke the other aspect of your Miranda rights, which is the right to have an attorney present.
Police Wont Share Their Information With You
Keep this in mind: When law enforcement questions you, they do not have to tell you what they know, whom they have interviewed, or what evidence they have available. Police investigations and questioning are not the time or place for testing calculated risks.
Also Check: De Escalation Tactics For Police
Arrest Without A Warrant
A police officer may arrest you without a warrant if:
- He has reason to believe that a crime, violation or offense is being committed or attempted in his presence
- He has reason to believe that you committed a crime although not in his Crimes include felonies and misdemeanors.
- He has reason to believe that you were lawfully arrested by a private
When making an arrest without a warrant a police officer must tell you the reason for the arrest, unless you are in the act of committing the crime or are being chased. In any arrest without a warrant, a police officer may chase you beyond his geographical area of employment.
What Should I Do If Police Found Something Incriminating In The Phone
Whether evidence can ultimately be accepted in court and used against you is decided when matters go to court. If you believe police are using information obtained by searching your phone against you, give us a call. We can examine your case to determine if police breached your rights when they seized and searched your phone.
While the courts have allowed police to search cellphones without warrant after an individual has been arrested, there are clear guidelines and rules police must follow. As experienced Criminal Lawyers, we know what to look for and have often found success by identifying any mistakes police have made in your arrest and search of your phone.
Also Check: How To Become A Certified Police Officer
Why It’s Best To Speak With A Lawyer Before Talking To The Police
Even an honest statement to the police by someone who’s innocent can be a problem. For one thing, the statement might contain inadvertent inaccuracies or inconsistencies that the prosecution will later pounce upon.
A person under arrest almost never benefits by talking to the police. Instead, a person in that situation should assert the right to counsel, tell the police he wants to speak to an attorney, and then find a lawyer. An experienced criminal defense attorney will help the person deal with the police, the charges, and any trial.
The Police Stopped You Because They Think You Committed A Crime
You must give your name to the police if they give you a ticket, for example, for smoking in a restricted area or for being in a park after hours. A public transit inspector is also allowed to ask your name if you have not paid the fare.
The police can also ask for your name if they see you commit a crime or if they have a good reason to believe that you committed a crime.
You have to give them your name, address and sometimes your date of birth. You do not have to show identification.
Read Also: Are Police Arrests Public Record
Update: Articles Bulletins And Case Law
Q: How will my criminal record affect my ability to travel to the United States and other destinations?
A: If you have been convicted of a criminal offence, you may not be able to travel to some countries, even if you dont require a visa to travel to that country. For further information, you should contact the local consulate in Toronto for the country that you want to visit. Useful information for persons with a criminal record travelling to the United States is available here.
If Police Ask To Search My Car/house/bag And I Agree Does That Mean I Have Given Permission For Them To Search My Phone Too
This depends on the facts of each situation, however, in some cases, giving the police permission to search your car, house or bag, could mean that you are also giving permission for them to search your phone. To be safe, if you are not under arrest, always be clear if you do not want the police to search your phone as part of a broader search.
Don’t Miss: How To Become A Fort Worth Police Officer
Should You Talk To Police Without A Lawyer
No, you should not talk to the police without a lawyer if they are investigating you for a crime.
Get an attorney for police questioning if you want to protect your case and legal rights. Law enforcement can use your statements against you as evidence. You could accidentally make statements that make you look guilty without a lawyer present.
Does A Cop Have To Tell You Why They Pulled You Over Before Asking For Id
The police do not have to tell you why they stopped you in a traffic stop, though it may be a common practice in some areas. In order to make a stop, an officer must have a good reason, such as probable cause however, this is not legally required.
Citizens are not required to show their identification papers to police in a free society. Citizens of the United States are not required to carry identification in order to vote or vote. Driving a vehicle or flying on a commercial airline requires the use of a drivers license. If you are mistaken for someone, you may be able to resolve the situation faster by revealing your true identity. If you are on parole in California, for example, you may be able to conduct a legal search based on your identity. In spite of your states laws, you should always be aware that police cannot compel you to identify yourself without reasonable suspicion.
Read Also: How To File A Police Report Online For Identity Theft
What Can Police Do While Searching Phone Limited Search Powers Without A Warrant
In most instances, when the police search your phone after an arrest they do not have a warrant. Without a warrant, what they can search is more limited.
The search needs to be specific, they cannot simply browse your phone, hoping to stumble upon something incriminating. For example, they may look at emails or texts from a time period relative to the suspected offence, particularly those sent to/from other suspects.
While they arent supposed to browse through your devices, any incriminating communications or images they do happen across may be used against you even if they dont pertain to the search reasons.
As well, police are not allowed to delete anything off of your phone or other devices. They can document, and ask questions about, anything they find in their search. But they cannot delete or otherwise tamper with it.
Can I Be Forced To Make A Statement To Police During Questioning
No, you cannot be forced to make a statement to the police during questioning.
The primary law that applies to police questioning is that whatever statements they get from you, you must have made them voluntarily per 18 U.S. Code § 3501. Police are prohibited from psychological or physical coercion to force a statement from you. As such, coerced statements are inadmissible in court.
What Happens If Police Forced a Statement or Confession?
A common defense to your statements collected as evidence is accusing law enforcement of coercing or forcing your statement. However, police officers and detectives are prepared to say that you offered your statement voluntarily. If your statement was coerced, then you must have evidence to prove that it happened.
Examples of admissible evidence to prove a forced or coerced statement or confession include:
- Other discoverable evidence
Your criminal defense lawyer will request a copy of the video or audio file to review it independently for recorded statements. Without admissible evidence, the judge or jury may side with the police officer who questioned or arrested you.
Don’t Miss: When’s The Next Police Auction
Urgent Change Is Needed
Image Credit: Gratisography / Pexels
Privacy International says its time for an urgent review of digital data extraction. Warrants should be required before police are able able to search the phones of victims, witness and suspects and there should be an objectively verifiable legal standard before a warrant is granted Privacy International suggests that the test should be based on reasonable suspicion. And people should be informed of their rights in this area through published guidance from the Home Office.
One former chief constable has claimed that obtaining a warrant in each instance would be just not practical. However, the alternative, where police forces can extract the contents of our phone in minutes, with no legal checks and balances, looks an awful lot worse.
Dont Miss: How To Be A Police Officer In Virginia
The Police Want Me To Come Into The Station Or Meet Them Somewhere It Sounds Like Someone May Have Told The Police That I Broke The Law Will They Arrest Me When I Meet With Them
They might. If the police want to meet with you and it seems like they are investigating you for having committed an offence, there is a good chance that the police do not just want to meet with you, but also plan to arrest you and try to take a statement from you.
Sometimes, the police ask to meet with people when they already have a warrant for the persons arrest. Other times, they have enough evidence to arrest someone and they simply want the person to meet them so they can be formally placed under arrest. And in other cases, the police do not have enough evidence to charge someone, and they are hoping the person tells them something that gives them enough evidence to arrest them.
If the police want to meet with you, you should consider for advice before meeting with them. If you meet with the police and they tell you that you are under arrest or that you are being detained, tell them you want to speak to a lawyer immediately. You have the right to speak with a lawyer before the police question you or attempt to take a statement from you.
Don’t Miss: Can I File A Police Report For Verbal Threats
Can A Police Officer Search My Phone Without A Warrant
No. Police are allowed to ask you to unlock your phone and hand it over, and you have the right to decline this request. The officer may still need to take the phone as evidence. However, you dont have to give the access code and allow police to search your phone.
If a police officer wants to search through your phone they will need to show you a search warrant. Even if youve been arrested, the police may not search through your phone data until a warrant has been obtained.