In Presence Misdemeanor

[shadykorn]

What is this "in prescence requirement for misdemeanors" Does that mean that if the person is not caught at the time, nothing happens ?

[seniorjudge]

http://www.expertlaw.com/forums/showthread.php?p=289109

[BOR]

What is this "in prescence requirement for misdemeanors" Does that mean that if the person is not caught at the time, nothing happens ?

No, it does not mean that, at all, read that WHOLE thread.

[dagreat1]

No if that were true that would mean that if you committed assault in the 3rd degree....you wouldnt be charged simply cause the cops werent there....

Heres how it works....you commit a misdemeanor and the cops arent there. Usually the law states in essence to affect a warrantless arrest ( via visual) you must be in the presence of the offense and the offender. Now there are exceptions. If the act is committed and the cops either have nothing to do or think its serious enuff if you've been I.D'd to go to your residence shortly after the offense and arrest you on probable cause, or if you are leaving the scene and get stopped right down the street and the evidence implicates you in the alleged offense. Usually this has to be done contemporaneous at the time of the offense (usually within an hour or two). I have done this to shoplifters atempting to flee after they got out the store.



There is nothing that says you cant get arrested for the misdemeanor after the event has occurred if they can I.D you. Sometimes even if they I.D you doesnt mean they intend to arrest you or charge later you unless the retailer chooses to followup on the charges.

[BOR]

Heres how it works....you commit a misdemeanor and the cops arent there. Usually the law states in essence to affect a warrantless arrest ( via visual) you must be in the presence of the offense and the offender. Now there are exceptions. If the act is committed and the cops either have nothing to do or think its serious enuff if you've been I.D'd to go to your residence shortly after the offense and arrest you on probable cause, or if you are leaving the scene and get stopped right down the street and the evidence implicates you in the alleged offense. Usually this has to be done contemporaneous at the time of the offense (usually within an hour or two). I have done this to shoplifters atempting to flee after they got out the store.

To be clear to the poster, to effect an arrest "in a home", either a warrant is necessary or exigent or emergency circumstances must be present.