A police officer must follow all required constitutional safeguards; therefore he must have probable cause to make a valid arrest or must possess a valid arrest warrant. The only instance where an officer may not may an arrest is if:
- they do not possess the requisite probable cause;
- they are outside their jurisdiction (for which they are credentialed).
When Can an Arrest be Made?
An officer can make a valid arrest of an individual if they have a valid arrest warrant. A police officer can arrest you WITHOUT an arrest warrant if they have “probable cause” – or if they personally observe an individual commit a crime.
The police can use reasonable force to arrest you if you resist or in any other way try to avoid being arrested.