Can a peace officer arrest a person without a warrant?

California, United States of America


The following excerpt is from People v. Fickes, H030187 (Cal. App. 3/3/2008), H030187 (Cal. App. 2008):

A peace officer may also arrest a person without a warrant if the officer has probable cause to believe that the person has committed a public offense in the officer's presence, or if "[t]he officer has probable cause to believe that the person to be arrested has committed a felony, whether or not a felony, in fact, has been committed." (Pen. Code, 836, subd. (a)(3).) "Cause to arrest exists when facts known to an arresting officer would lead a person of ordinary care and prudence to entertain an honest and strong suspicion that the person arrested is guilty of a crime." (People v. Price (1991) 1 Cal.4th 324, 410.)

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