The U.S. Constitution requires officers to obtain an arrest warrant prior to making an arrest; however, most arrests are made without a warrant.

Question

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While the Constitution does require officers to obtain a warrant before making an arrest, there are several exceptions to this requirement in which an officer may make an arrest without a warrant. These exceptions include situations where the officer has probable cause to believe that a crime has been committed or is about to be committed, or where the officer is making a lawful arrest for a misdemeanor committed in the officer's presence.

The US Constitution Requires Officers to Obtain an Arrest Warrant Prior