DUI & Criminal
Defense Lawyers
Defense Lawyers
Helping People in Trouble
Arrest and Booking
Generally, a police officer must witness a misdemeanor being committed before he may arrest without a warrant. The legislature has created an exception for misdemeanor domestic violence providing for arrest without witnessing any act of domestic violence. Felony arrests can be on view or by warrant supported by a felony affidavit.
A highway stop is considered seizure under the fourth amendment. The standard for a highway stop is reasonable suspicion to stop a vehicle but probable cause is required to arrest. When a person is booked he will be photographed and fingerprinted. If a person is jailed he will be searched. This process can be slow at peak times.