Understandably, interacting with the police can be intimidating and these situations can quickly escalate. As such, it’s imperative to understand your legal rights. While the police typically need an arrest warrant to place an individual under arrest, there are instances in which a warrantless arrest is permitted. Please continue reading to learn when an arrest can be made without a warrant in New Jersey and why connecting with an experienced Bergen County Criminal Defense Attorney is in your best interest.
Can the Police Arrest You Without a Warrant in New Jersey?
Per the Fourth Amendment to the United States Constitution, police officers need to have probable cause to make an arrest, conduct a search, or seize property. Without it, law enforcement is not permitted to place an individual under arrest. However, there are certain circumstances in which they do not have the time to wait for a warrant, and a warrantless arrest may be possible.
Probable cause cannot be a mere hunch or subjective belief. An officer must have objective facts and articulable evidence that supports their claim that a crime was committed and the suspect is the perpetrator. That said, an arrest can generally be made in New Jersey when an officer personally observes an individual committing a crime, an officer has probable cause to believe an individual has committed or is about to commit a crime, or they obtain a valid arrest warrant. It’s important to understand that the police do not have the authority to arrest anyone at any time for whatever reason. A warrant needs to be issued to the officer, enabling them to arrest a specific suspect for an alleged criminal offense.
When Can the Police Make a Warrantless Arrest?
As you can imagine, gathering and establishing probable cause for an arrest warrant can take substantial time and some cases cannot wait. There are instances in which arresting a suspect without a warrant is necessary to ensure public safety. While warrantless arrests are possible, they can only be conducted under specific circumstances. Essentially, the police still need to establish probable cause to justify placing a suspect under arrest, but they are not required to obtain a warrant before executing the arrest. This is often the case if they believe a suspect is dangerous or would flee before a warrant could be acquired.
At The Law Office of Carl Spector, we are prepared to help you challenge the validity of your arrest. As mentioned above, probable cause must be sufficient for an arrest to be valid. If probable cause is lacking, we can argue that the arrest was unlawful. Connect with our firm today to learn how we can fight for you today.
