In a hearing challenging the probable cause upon which an arrest was based, a warrantless arrest is viewed the same as an arrest based on a warrant. True or false ?
False.
In a hearing challenging the probable cause upon which an arrest was based, a warrantless arrest is not viewed the same as an arrest based on a warrant. The Fourth Amendment of the United States Constitution requires that arrests be supported by probable cause, which is a reasonable belief that a crime has been committed. However, there are differences in the level of scrutiny applied to warrantless arrests compared to arrests based on a warrant.
When an arrest is made with a warrant, it means that a judge has reviewed the evidence presented by law enforcement and found that there is sufficient probable cause to justify the arrest. This provides a higher level of reliability and scrutiny to the arrest.
On the other hand, a warrantless arrest occurs without a judge's pre-approval and is made based on the reasonable belief of the arresting officer that a crime has been committed. The level of scrutiny applied to warrantless arrests is generally lower than arrests based on a warrant.
During a hearing challenging the probable cause, the court will review the circumstances surrounding the arrest to determine if the arresting officer had sufficient grounds to make the arrest. The court will examine factors such as the officer's observations, the nature of the crime, and any other relevant circumstances. However, because warrantless arrests are generally subject to more lenient scrutiny, the court may be more willing to consider a wider range of factors compared to arrests based on a warrant.
So, in summary, a warrantless arrest is not viewed the same as an arrest based on a warrant in terms of the level of scrutiny and reliability given to the arrest.