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When is warrantless search permitted?

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By The Staff

Law Enforcement may make a warrantless arrest if there is probable cause to believe that a felony has been committed and the individual is the perpetrator of the crime.

If the crime involved a misdemeanor, the Deputy may not ordinarily make a warrantless arrest unless the crime was committed in the Deputies presence.

However there are a few statutory exceptions to the above provisions concerning misdemeanors.

Some instances where a Deputy may arrest without a warrant and the misdemeanor did not occur in his or her presence is the following crimes:

1. Possession of a firearm or ammunition when a person is subject to a domestic violence injunction.

2. Violation of a domestic violence injunction.

3. Violating protective injunctions for repeat violence, sexual violence or dating violence.

4. Domestic violence.

5. Child abuse, neglect a child or luring or enticing a child.

6. Any battery upon a person.

7. Criminal mischief or a graffiti related offense.

8. A violation of a safety zone, security zone, regulated navigation area or a naval vessel protection zone.

9. An act that violates a condition of pretrial release when the original arrest was for an act of domestic violence.

10. An assault upon law enforcement, firefighter, emergency medical care provider, public transit employees or agents who is engaged in the lawful performance of his/her duties.

11. Carrying a concealed weapon.

12. Possession of marijuana.

13. An act of retail theft, farm theft or transit fare evasion.

14. Any offense committed under the provisions of chapter 316, State Uniform Traffic Control or chapter 322, drivers license, in connection with a crash after the investigation at the scene.

15. Any repeated acts of stalking or cyber stalking.

16. A violation of chapter 316, State Uniform Traffic Control, has been committed in the presence of an officer.

17. Breach of peace or disorderly conduct on the premises of a licensed public lodging establishment.

18. Trespass on school property.

If the misdemeanor crime did not occur in the Deputies presence and is not one of the above mention misdemeanor exceptions the following procedure will need to be followed:

A report will be filed by the Sheriff's Office and a sworn complaint can be filed to the State Attorney's Office.

Upon the review from the State Attorney's Office and the Judge a decision will be made to issue a warrant for the suspect(s).

Upon an arrest warrant being issued for the accused the Sheriff's Office can and will arrest the suspect on the misdemeanor warrant.

It is my endeavor to keep the citizens informed and if you have any questions or concerns you can call my Public Information Officer, Lt. Evan Sullivan at 352-486-5111.