A police officer may arrest a person for an offense, pursuant to section 140.10, at any hour of any day or night. Probable cause is a Fourth Amendment requirement that usually must be met before the police make an arrest, conduct a search, or receive a warrant.SAME Arrest without a Warrant Information Must Be Reliable Probable Cause. To obtain a warrant, a police officer typically submits a written affidavit to a judge or magistrate. A defendant arrested with a warrant must be taken before a judge as directed in the warrant. Rule 4.02Arrest Without a Warrant. Police (or the Criminal Court) cannot put out an arrest warrant unless a Judge agrees there is Probable Cause to arrest a person. If the police come to your door and see drugs in the home when the door is open, then they may enter without a warrant. Add Can I find out if I have a warrant(s)?. tag. G.S. 15A‑534.1(a)(2), in the officer's presence. (2).