Arrests

For arrests made without warrants, the probable cause for the arrest must be determined at a hearing no later than 48 hours after the arrest, barring an emergency or other extraordinary circumstance. A custodial arrest may be made for a fine-only crime if authorized by state law. The lawfulness of an arrest does not depend on the subjective motivations of the arresting officer.

A. Felony Arrests in Public

A felony arrest may be made in public based solely on probable cause, and without either a warrant or exigency.

B. Entry to Arrest the Homeowner in a Dwelling

Entry into a dwelling to arrest the homeowner may not be made in the absence of an arrest warrant or exigency.

C. Entry to Arrest Another Person in the Dwelling

Entry into a dwelling to arrest a person who is not the homeowner or a resident may not be made without a search warrant for that person or exigency.

D. Physical Intrusion on Person of Arrestee

A blood test is a minor intrusion that is not unreasonable following an arrest for drunk driving; but surgery to obtain a bullet requires a compelling government need in order to be reasonable.

E. Arrest of a Fleeing Felon Using Deadly Force

Deadly force may be used to arrest a fleeing felon who poses a threat of serious physical harm to the police or others.