MLEAP Standard 7.03 Arrests Without a Warrant: The Agency trains its sworn personnel on when arrests may be made without a warrant.
Instructional Goal:
Law enforcement officers are often faced with a decision whether to apply for an arrest warrant or to arrest without a warrant. Since officers often must make an immediate decision in this regard, they must have a clear working knowledge of the law governing arrest without a warrant. Absent consent or exigent circumstances, a law enforcement officer must have at least a warrant to lawfully enter a dwelling to make an arrest.
Performance Objectives:
- Explain the definitions of terms related to arrests without a warrant.
- Describe the elements of a formal arrest.
- Understand an officer’s authority to make an arrest without a warrant.
- Explain the legal standing to make an arrest without a warrant.
- Describe the authority to arrest for Class D and E crimes.
- Understand how the promptness of making an arrest affects the arrest decision.
- Describe the alternative to making a formal arrest.