“Can the police arrest me on a felony without a warrant?”

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San Diego criminal defense lawyer Stefano Molea explains the difference between a probable cause arrest on a suspected felony and an arrest warrant. Knowing the difference is important in understanding your respective rights.

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Law Office of David P. Shapiro
3500 5th Avenue
Suite 304
San Diego, CA 92103
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Can the police arrest me on a felony without a warrant?

Hi, Stefano Molea, San Diego criminal defense lawyer and partner the Law Office of David P. Shapiro, where we help good people regain control of the future when charged with a crime.

When we were talking about the alleged commission of a felon, there are two types of potential arrests, a probable cause arrest, and an arrest pursuant to a warrant. And let's break each one of those down. If police have probable cause a felony has been committed, even if it was not in their presence, they can arrest someone without a warrant if they are in a public place, or in a place where the police are permitted to go. Let me give you an example that I've dealt with many times.

Maybe there has been an investigation for some time, or there was a recent report of an alleged felony being committed. They come to your house, let's say, without a warrant. Knock on your door, you might open the door and say, "Hello. How can I help you?" They'll say, "Hey, Jim. Wanted to chat with you about something. Do you mind stepping out and talking to us for a minute?" As soon as you're out of the house, they're able to arrest you without a warrant. They wouldn't be able to come into your house to arrest you unless they had a warrant or unless you, or someone with the required authority lets them in the house. In that case, there is consent for them being in the house and it's legal and therefore the arrest can happen without a warrant. The easier scenario is that they have a warrant for your arrest and are permitted by the judge to come inside to get you.

The only in between scenario is where there are exigent circumstances that allow the police to enter a home without a warrant. Those exigent circumstances, there's usually where the police are in hot pursuit of the suspect. Or let's say the police are able to come in because there's a medical emergency, or the house is burning, and when they are legally in the house, they arrest someone without a warrant. The specific facts and the order of the information known to police is very important for the constitutional analysis. I hope that overview was helpful. If you have any questions, leave them in the comments or give me a call. Stefano Molea, San Diego criminal defense lawyer, (619) 295-3555.