Is it possible a police officer can arrest someone without probable cause?

Answer 1

It's called a warrant

Answer 2

If there is an arrest warrant a PO doesn't need probable cause because PC was already found when the warrant was issued.

Without a warrant a PO can arrest a person for a felony offense only if he or she believes there is probable cause that the person arrested committed the felony. Probable cause exists when there is sufficient evidence to lead a reasonable police officer to believe that a crime has been committed and the person seized committed it. Sufficient evidence may come from a combination of witness statements, physical evidence and the statements of the alleged perpetrator.

When a person is arrested he or she has the right to have the evidence reviewed by a "neutral magistrate" to determine if there is, in fact, probable cause to justify continuing to detain the defendant. A defendant can waive this hearing.

If a defendant has been arrested without probable cause he or she will be released from custody. No criminal charges will actually be filed by the prosecutor unless, after further investigation, probable cause is developed.

A police officer may be liable for damages if he or she intentionally arrests a person without probable cause. However, a PO must act intentionally, which means he or she must know at the time he or she is making the arrest that there is no basis for the arrest. There is no liability for a "negligent" arrest, that is an arrest based on poor or mistaken judgment but made in good faith. Although a PO may not be liable in this situation he or she may be disciplined by his or her department for acting negligently.

Frankly, PO's are given wide latitutde for making arrests and in 20 years of criminal defense I have never even heard of a PO incurring liability for an intentionally false arrest outside of New York and L.A.

Answer 3

Not exactly arrest, but an invitation to the police station for questioning and verification of your real identity. Unless, caught in the act of committing a crime or immediately after the commission of an offense (hot pursuit), police will not arrest anybody without an arrest warrant. Now, if ever during the hour of questioning (approximately 4 hrs, authorized by law), they have found that you have an outstanding arrest warrant, then, they automatically inform you of the warrant and the nature of the offense including your rights under the constitution before placing you under arrest

Answer 4

It's possible, but not legal. A police officer must have a reason to arrest you (hence, probable cause.) If someone has been arrested without probable cause, then they need to take it to court.

Answer 5

Yes, it is possible and I know for a fact that this does happen. And, No I haven't arrested anyone w/o probable cause. In the cases I am aware of the officer has a personal grudge against the citizen.

Answer 6

No. It is illegal for a police officer to arrest someone without reasonable belief that they have commited an offense. The cop could lose their job and go to jail themselves.
I'm sure that it has happened, but it's illegal. It is also a violation of Federal Law, unlawful arrest and detention is a violation of the Civil Rights Act, and a Constitutional rights violation also.

Answer 7

yes, its called an arrest warrant. dont need a probable cause to arrest someone if they have an arrest warrant

Answer 8

Sure. You can be arrested on a warrant or at the request of another officer....

Answer 9

No ! But your question is to vague. He can arrest if there is a witness, it happens within his presence or immediate knowledge. The reasonable man theory, if he believes a crime occur ed.

Answer 10

You really haven't given enough information. I suspect your idea of Probable Cause and their idea of PC are two different things.