Warrant Exception for Felony/Misdemeanor Arrests

Question 1

Are warrants needed for misdemeanor/felony arrests?

Answer 1

Police do not need a warrant to arrest a person for a misdemeanor when they have seen them commit the misdemeanor.
Police do not need a warrant to arrest a person for a felon when they have probable cause that a person has committed the felony.

Question 2

What is a felony?

Answer 2

This is a crime for which the punishment is a year or more in jail.

Question 3

United States v. Watson (SCOTUS 1976)

Answer 3

If the police see a person committing a misdemeanor or a felony, they do not need a warrant to arrest them.

If the police have probable cause that someone has committed a felony, they do not need a warrant to arrest them in public.

Counter argument: probable cause doesn’t expire, so if the police have probable cause, they should just go get a warrant.

Question 4

Atwater v. City of Lago Vista (SCOTUS 2001)

Answer 4

This case held that an arrest is always reasonable if an officer had probable cause of criminal activity. In particular, this case held that it did not matter whether the consequence for the offense was an arrest or a fine, too much work for the police to have to determine this.