Can a peace officer arrest a person without a warrant?

California, United States of America


The following excerpt is from People v. Kellett, 1 Cal.App.3d 704, 81 Cal.Rptr. 917 (Cal. App. 1969):

A peace officer may arrest a person without a warrant whenever he has reasonable cause to believe that the person to be arrested has committed a felony. (Pen.Code, 836, subd. (3).) 'Reasonable cause' is [1 Cal.App.3d 713] defined as that state of facts as would lead a man of ordinary care and prudence to believe and conscientiously entertain an honest and strong suspicion that the person is guilty of a crime. (People v. Ingle (1960), 53 Cal.2d 407, 412, 2 Cal.Rptr. 14, 348 P.2d 577; People v. Fischer (1957), 49 Cal.2d 442, 446, 317 P.2d 967.) The officers had reasonable cause to arrest the defendant since his fingerprints were found in the burglarized premises.

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