When may peace officers arrest an individual without a warrant?

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Peace officers may arrest an individual without a warrant when they have probable cause to believe that a felony has been committed. This standard of probable cause means that the officer has enough information and facts to reasonably believe that a crime has occurred and that the individual in question is involved.

This provision is important because it allows law enforcement to act swiftly in situations where waiting for a warrant could allow a suspect to flee or further endanger public safety. The ability to make warrantless arrests in the context of felonies is grounded in the need for timely law enforcement action to uphold public safety and the integrity of legal processes.

In contrast, witnessing a misdemeanor does not automatically grant an officer the same level of authority for arresting without a warrant. The feeling of being threatened does not constitute probable cause, as an arrest must be based on specific, actionable evidence rather than subjective feelings of the officer. Additionally, the requirement for a judge to issue a warrant would negate the circumstances that allow for immediate action in situations where a suspect must be apprehended quickly to prevent harm or escape.

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