Which scenario would NOT constitute a warrantless arrest?

Which scenario would NOT constitute a warrantless arrest?

• A. A traffic stop for speeding
• B. A felony in the officer's presence
• C. Warrant held by another agency (NCIC/FCIC)
• D. Specific misdemeanors outside the officer's presence

Answer: (A)

The key idea is when an officer can take someone into custody without a warrant. Warrantless arrests are permitted when the officer has immediate authority to seize someone for a crime—typically for crimes committed in the officer’s presence (felonies or certain misdemeanors) or when a valid arrest warrant exists (even if it comes from another agency and is found in a system like NCIC/FCIC). Some specific misdemeanors may justify a warrantless arrest even if not witnessed, under particular statutes. A traffic stop for speeding does not involve taking someone into custody. It’s a traffic enforcement action that usually results in a citation or a warning, not an arrest. So this scenario would not constitute a warrantless arrest. The other scenarios describe situations where the officer would be seizing a person without a new warrant: witnessing a felony in progress, or acting on a valid warrant found through a centralized system, or certain misdemeanors that justify instantaneous arrest.

The key idea is when an officer can take someone into custody without a warrant. Warrantless arrests are permitted when the officer has immediate authority to seize someone for a crime—typically for crimes committed in the officer’s presence (felonies or certain misdemeanors) or when a valid arrest warrant exists (even if it comes from another agency and is found in a system like NCIC/FCIC). Some specific misdemeanors may justify a warrantless arrest even if not witnessed, under particular statutes.

A traffic stop for speeding does not involve taking someone into custody. It’s a traffic enforcement action that usually results in a citation or a warning, not an arrest. So this scenario would not constitute a warrantless arrest. The other scenarios describe situations where the officer would be seizing a person without a new warrant: witnessing a felony in progress, or acting on a valid warrant found through a centralized system, or certain misdemeanors that justify instantaneous arrest.