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Getting Arrested In California Without A Warrant

  • By: Donald J. Matson, Esq.
  • Published: December 31, 2021
Getting Arrested In California Without A Warrant

Can You Get Arrested For A Criminal Offense In California Without An Arrest Warrant?

An arrest is a seizure; thus, police must have a warrant or some other justified reason to make an arrest. Both the local and state police must respect your right according to the U.S. constitution and abide by California law in making an arrest for a Criminal offense in California.

The police can arrest if they have a warrant signed by the magistrate judge. This legal document is only obtainable if the police present enough evidence that you committed the crime. The warrant will be invalid if the police intentionally present false information.

In California, the police can arrest you with or without a warrant. If there is an arrest without a warrant, it is most likely for a crime in the presence of the officer, or he might go for an arrest warrant after investigation, and you are a suspect.

Felony Arrest Without A Warrant

In the case of a felony crime, the police don’t have to obtain an arrest warrant to arrest you. For an officer to make the arrest, he must have probable cause, i.e., there must be facts and circumstances at the time of the arrest. The officer need not have observed the events himself; he can rely on the information provided by others in forming the probable cause to make the arrest.

Misdemeanor Arrest Without A Warrant

In most misdemeanors, unless the crime happened in the officer’s presence, he may not make an arrest. In some cases, the officer might not necessarily be present at the crime time. This crime includes;

  • DUI
  • Domestic violence
  • Some gun charges
  • Some assault charges

Most misdemeanor offenses fall under cite and release. Be sure you appear in court on the time and date stated if you are fortunate not to evade an arrest. If not, there might be a warrant for your arrest.

Once the judge issues an arrest warrant, the court clerk enters it into a website. You can perform a search on this website to know if there is a warrant for the arrest. There is no requirement that the officer must have the actual copy of the warrant as far as they can prove that they were legally informed of its existence.

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