Does a warrantless arrest in a public place violate the Fourth Amendment?

California, United States of America


The following excerpt is from People v. Victor C. (In re Victor C.), A141599 (Cal. App. 2015):

"A warrantless arrest in a public place does not violate the Fourth Amendment so long as the police have probable cause. [Citation.] . . . 'Probable cause exists when the facts known to the arresting officer would persuade someone of "reasonable caution" that the person to be arrested has committed a crime. [Citation.] "[P]robable cause is a fluid conceptturning on the assessment of probabilities in particular factual contexts . . . ." [Citation.] It is incapable of precise definition. [Citation.] " 'The substance of all the definitions of probable cause is a reasonable ground for belief of guilt,' " and that belief must be "particularized with respect to the person to be . . . seized." ' " (People v. Lujano (2014) 229 Cal.App.4th 175, 183.)

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