Arrest Warrants

When making an arrest without a warrant a police officer must tell you the reason for the arrest, unless you are in the act of committing the crime or are being chased.

What is an arrest?

You have been arrested when a police officer or citizen takes you into custody or restrains you physically or verbally so that you may be held to answer for a crime or an offense; you may be taken into custody immediately or be given an appearance ticket similar to a traffic ticket.

Arrest warrants

A warrant for an arrest is a process issued by a court. It may be executed on any day of the week and at any hour of the day or night. The police officer must tell you that he is acting under the authority of a warrant. He also must show you the warrant, if you ask, and give you a chance to read it either at the time of the arrest, if it is in his possession, or as soon as he obtains it.

If you refuse to let him in, a police officer with an arrest warrant may break open a door or window to gain entrance, after he has given you notice of his authority and purpose or without notice if he reasonably believes that you will escape, destroy evidence or that notice will endanger him.

Arrest without a warrant

A police officer may arrest you without a warrant if:

(a) He has reason to believe that a crime, violation or offense is being committed or attempted in his presence.
(b) He has reason to believe that you committed a crime although not in his presence. Crimes include felonies and misdemeanors.
(c) He has reason to believe that you were lawfully arrested by a private person.

When making an arrest without a warrant a police officer must tell you the reason for the arrest, unless you are in the act of committing the crime or are being chased. In any arrest without a warrant, a police officer may chase you beyond his geographical area.

Citizen's arrest

A citizen may arrest you without a warrant if you have committed a felony in fact or if you have committed a non-felony in his presence. He must tell you the reason for the arrest unless that is impractical to do.
You may sue a private individual for unlawful arrest if you did not commit any crime, even if the individual had reasonable cause to believe you had committed a crime.

You may use reasonable force to resist an unlawful arrest being made by a private citizen.

If you are arrested by a private citizen you must be taken before a judge or turned over to a police officer "without unnecessary delay."

Use of force

If you resist an arrest, the police officer may use all necessary means to arrest you, including force.

Questioning without arrest

The law permits a police officer to approach any person in a public place to request information if he reasonably suspects that you are committing, have committed or are about to commit a crime. He may demand to know your name, address and an explanation of your actions.