Is a warrantless arrest reasonable under the Fourth Amendment?

California, United States of America


The following excerpt is from People v. Maxwell, H041586 (Cal. App. 2017):

"[A] warrantless arrest by a law officer is reasonable under the Fourth Amendment where there is probable cause to believe that a criminal offense has been or is being committed. See United States v. Watson, 423 U.S. 411, 417-424 (1976); Brinegar v.

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United States, 338 U.S. 160, 175-176 (1949). Whether probable cause exists depends upon the reasonable conclusion to be drawn from the facts known to the arresting officer at the time of the arrest. Maryland v. Pringle, 540 U.S. 366, 371 (2003)." (Devenpeck v. Alford (2004) 543 U.S. 146, 152.)

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