Quoting Angelanoel
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That's what I'm trying to figure out. Why he wouldn't arrest the perpetrator right then and there on the spot of the supposed crime?
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Well, it might depend on the laws of the state in question (which you did not mention).
For instance, in my state (CA) an officer cannot generally arrest for a misdemeanor not committed in his presence. So unless someone made a private person's arrest (aka a "citizen's arrest") he might not be able to make the arrest. Likewise, state law here generally encourages - and sometimes requires - officers to release suspects with a citation in lieu of custodial arrest. Or, they may opt to release them altogether.
The police need probable cause to believe that a crime occurred and that the person to be arrested committed the offense. All because a crime has been committed and someone is in the area does no mean that the person can necessarily be tied to the offense. Keep in mind that while common sense might say that someone did the crime, this is not necessarily going to follow in the law. Knowing culpability and proving it are different issues.
Perhaps if you would give us your state and some information on what happened, you could get a better answer.
- Carl
Sheriff Deputies' Power to Arrest
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