An arrest made by a police officer with probable cause, with our without an arrest warrant. However, in order to arrest a person in a home, an arrest warrant must be obtained unless there is consent to enter the home, or there are emergency circumstances justifying a warrantless entry, or both. A person may be arrested without a warrant of he/she has committed or is committing a crime in the officer's presence or the officer has probable cause to believe that the person has committed a crime.

An arrest is not made in every instance where probable cause exists, and it is common with more minor crimes that a summons is issued instead. Felony offense most often trigger an arrest and incarceration prior to the setting or posting of bond.

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Garlin Driscoll, LLC

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