MLEAP: Arrests Without a Warrant

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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:

  1. Explain the definitions of terms related to arrests without a warrant.
  2. Describe the elements of a formal arrest.
  3. Understand an officer’s authority to make an arrest without a warrant.
  4. Explain the legal standing to make an arrest without a warrant.
  5. Describe the authority to arrest for Class D and E crimes.
  6. Understand how the promptness of making an arrest affects the arrest decision.
  7. Describe the alternative to making a formal arrest.

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Dirigo Safety is not a law firm and does not provide legal advice or consultation on private individual cases.