NCJ Number
12255
Journal
FBI Law Enforcement Bulletin Volume: 42 Issue: 12 Dated: (DECEMBER 1973) Pages: 22-27
Date Published
1973
Length
6 pages
Annotation
DISCUSSION OF STATE AND FEDERAL CASE LAW WHICH GOVERNS THE EXTENT TO WHICH PRIOR JUDICIAL APPROVAL IS REQUIRED TO MAKE AN ARREST.
Abstract
THE ARTICLE PRESENTS A BACKGOUND AND DEVELOPMENT OF THE LAW ON WARRANTLESS ARRESTS. THE AUTHOR OFFERS CASES WHICH SHOW THAT, AS A GENERAL RULE, ABSENCE OF A WARRANT DOES NOT INVALIDATE A FELONY ARREST WHICH IS SUPPORTED BY PROBABLE CAUSE AND MADE ON THE STREET OR IN A PUBLIC PLACE. IN PRIVATE PLACES, HOWEVER, CONSTITUTIONAL QUESTIONS ARE RAISED BY WARRANTLESS ARRESTS, AND THE SUPREME COURT HAS NOT RESOLVED THE CONFLICT THAT HAS ARISEN IN DIFFERENT JURISDICTIONS ON THIS POINT OF LAW. FOR PART 2 SEE NCJ-012256.