Can You Be Arrested Without an Arrest Warrant

[Softtouch]

In South Carolina does an arrest warrant have to be issued before a person is actually under arrest?

[BOR]

SC has an "in presence" requirement, meaning unless a crime was committed in view, a warrant must be secured for a misdemeanor.

SECTION 17-13-30. Officers may arrest without warrant for offenses committed in view.

The sheriffs and deputy sheriffs of this State may arrest without warrant any and all persons who, within their view, violate any of the criminal laws of this State if such arrest be made at the time of such violation of law or immediately thereafter.

I assume this does not apply to felonies for the in presence requirement. I did not go any further than what I was looking for.

BUT, your Q really seems to be is a person under arrest when they have not been taken into custody and charged, right?

In that repsect, NO. They may have a warrant out, but that is NOT being under arrest.

[Softtouch]

I wanted to know if a person can be charged with a felony without an arrest warrant. I'll give you an example. I am in a store and someone called the police and said I committed a crime somewhere several miles away and that I am at this store. The police come to the store and arrest me, take me downtown and hold me until they can get a warrant.

[BOR]

This is what you are looking for. I have never seen a state where an officer could not arrest without a warrant any person he has probable cause to believe has committed a felony.

NOW, I am not talking about an in home arrest, which generally requires a warrant.

SECTION 17-13-10. Circumstances where any person may arrest a felon or thief.

Upon (a) view of a felony committed, (b) certain information that a felony has been committed or (c) view of a larceny committed, any person may arrest the felon or thief and take him to a judge or magistrate, to be dealt with according to law.