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  1. #1
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    Arrest for misdemeanors

    In your state can you arrest a suspect for a misdemeanor that does not occur in your presence? If so, what state do you work in?

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    Yes and no.
    LAPD

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    Back in California after a ten+ years hiatus in Idaho, but...

    DUI and domestic violence are two misdemeanors where I can arrest even though not committed in my presence. There are probably more.

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    yes, for 16 of them
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  5. #5
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    Yes in New York...only offenses must be committed in the officer's presence. Misdemeanors and Felonies are crimes, not offenses.

  6. #6
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    In KY you can arrest for Assault 4th degree if it involves domestic violence, DUI, a misdemeanor theft if it involves shoplifting, and a violation of a protection order. I hate explaining to someone that I can't arrest the offender when a crime has obviously been committed, but I guess that's the way it goes.

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    Yes in Illinois. Routinely do.
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    In Idaho...

    Battery
    Domestic Battery
    Assault
    Domestic Assault
    Violation of a restraining order
    Crimes committed on an airplane
    DUI

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    Va,domestic assault, assault, violation of EPO, Shoplifting. But that doesnt mean with good Police work you cant get PC for an arrest on any misdemeanor, in your prescence or not. Also technically, D.U.I on cases where the drivers leave the scene and you dont observe them driving but get them back to the scene. D.U.I arrest are made that way often.
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    Yes, as long as I have probable cause to support the misdemeanor charge. There is no limitation on which ones. Wisconsin.
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    Sure can.......as long as we find the person in a two hour time span after offense occurred.

  12. #12
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    Yes for a list of about 10 crimes that are exceptions, or if the defendant has prior failures to appear, etc. The list of exceptions is rather long. I'm in VT.
    "My give a damn's busted"

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    In Florida the answer is yes.
    But when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new guards for their future security.

    For the intelectually challenged: If the government screws the people enough, it is the right and responsibility of the people to revolt and form a new government.

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    Not in Indiana unless its on the list of exceptions such as domestic battery, interfereing with the reporting of a crime, leaving the scene of an accident, etc. It also does not apply to juveniles, who can be arrested on non-witnessed misdemeanors.

  15. #15
    Frank Booth
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    Arrest for misdemeanors

    --------------------------------------------------------------------------------

    In your state can you arrest a suspect for a misdemeanor that does not occur in your presence? If so, what state do you work in?
    In MI, you can arrest for 93 day misdemeanors with probable cause not committed in your presence. For those where the max penalty is less than 93 days, you can't if not committed in your presence without a warrant.

  16. #16
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    Arrest for Misdemeanors

    In Alabama, for a misdemeanor arrest to be made, the offense must be commited in the Officer's presence. Exceptions are making an arrest on a warrant, or in Domestic Violence situations.

  17. #17
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    Quote Originally Posted by kywildcats View Post
    In your state can you arrest a suspect for a misdemeanor that does not occur in your presence? If so, what state do you work in?
    Yes. IN NC an Officer may make a warrantless arrest for a misdemeanor (occurring outside our presence) in the following: concealment of merchandise, DUI, commercial DUI, domestic criminal trespass, simple assault or affray, assault ISI, assault WADW, assault on a female, or assault by pointing a gun (when those assaults occurred between two persons have a personal relationship, same being defined by domestic violence standards in NC), and last but not least violation of domestic violence protective orders.

    Now, the statute also allows the officer to make a warrantless arrest for a misd. that occurred outside his presence IF 1) the subject will not be apprehended unless immediately arrested, 2) may cause physical injury to himself or others, and 3) may damage property.


    I don't agree with your opinion, but I respect its straightforwardness in terms of wrongness.

  18. #18
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    In Florida no, unless it is an exception (domestic, criminal mischeif, retail, ect.)

  19. #19
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    In Washington the exceptions to the misdemeanor presence requirement are, generally speaking, assualt, property damage, theft, trespass, violation of a restraining order, and certain driving violations.

  20. #20
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    In Cali it is only allowed for DUI crashes, domestic violence, battery on school property and anything involving a juvenile.
    God made perfect cops.......The rest he put in cars.

  21. #21
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    Quote Originally Posted by PhilipCal View Post
    In Alabama, for a misdemeanor arrest to be made, the offense must be commited in the Officer's presence. Exceptions are making an arrest on a warrant, or in Domestic Violence situations.
    Besides Domestic Violence III, don't forget D.U.I. (at a wreck scene), Violation of a Protection Order, or Shoplifting (Theft III). I think those four are the only misdemeanor arrests that officers can arrest for without them happening in their presence.

  22. #22
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    Quote Originally Posted by luckydog View Post
    In Florida no, unless it is an exception (domestic, criminal mischeif, retail, ect.)
    So wouldn't that be yes.




















    Sorry couldn't resist.
    But when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new guards for their future security.

    For the intelectually challenged: If the government screws the people enough, it is the right and responsibility of the people to revolt and form a new government.

  23. #23
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    Hey guys, help me out here and understand something with the whole "must be in my presence" thing. I work in IL. and like it was stated, we can arrest on all misd's. As long as we have a Complainant, and if no Complainant we have good PC, the offender will be arrested. So by saying you can't arrest unless it was in your presence, does this mean, as an example, if one guy punches another guy in a bar of 20 people and everyone witnesses it, you still can't arrest since it wasn't seen by you??? Sorry if I'm dense on this, help me understand.

  24. #24
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    In Vt, assault is an exception so we can arrest if unwitnessed. However, misd. larceny is not an exception, so we could only cite and release if unwitnessed.
    "My give a damn's busted"

  25. #25
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    See "Misdemeanor Witness Rule"

    HOWEVER in Indiana if it was a violation involving "preach of peace" and a citizen witnessed it, the CITIZEN can make the arrest and I can take the person into custody and book them just as if I had witnessed the offense.
    "People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf." - George Orwell
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