Arrest Without Warrant Is Called In King
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If evidence is obtained without a valid search warrant, and no exception to the warrant requirement applies, the evidence may be subject to the exclusionary rule. The exclusionary rule prevents illegally obtained evidence from being admitted in a court of law.
Arrest is defined as "a substantial physical intervention with the liberty of a person, resulting in his apprehension and detention." An arrest must be executed in ance with the fourth amendment which prohibits unreasonable searches and seizures (the courts have interpreted "seizures" to include arrests).
If there is a reasonable expectation of privacy and there is not probable cause, a search warrant is required. However, if probable cause does occur, such as a suspect runs away, a gunshot is heard from another room in a home, or even when an individual makes a sudden movement, a search becomes legal without a warrant.
The exclusionary rule prevents the government from using most evidence gathered in violation of the United States Constitution. The decision in Mapp v. Ohio established that the exclusionary rule applies to evidence gained from an unreasonable search or seizure in violation of the Fourth Amendment.
Two types of arrests exist: (1) actual restraint (with or without the use of force) and (2) submission to custody.
Warrantless means that government officers carry out a search or arrest without a warrant or any other legal authorization. The requirement of a warrant serves to protect individuals' privacy interests against unreasonable governmental intrusion.
If the evidence is found to be illegally obtained it can be suppressed—not allowed to be used against the defendant by the prosecution. On the other hand, if the court allows illegally obtained evidence to be introduced to the jury during a trial and a verdict is made, the defendant can use this during an appeal.
If evidence is obtained without a valid search warrant, and no exception to the warrant requirement applies, the evidence may be subject to the exclusionary rule. The exclusionary rule prevents illegally obtained evidence from being admitted in a court of law.
When making an arrest without a warrant, the officer shall inform the person to be arrested of his authority and the cause of the arrest, unless the person to be arrested is then engaged in the commission of an offense, or is pursued immediately after its commission or after an escape, or flees or forcibly resists ...
