A person may only be arrested when either there is a probable cause, as we saw on the previous section, or a warrant of arrest is issued to arrest such individual who is suspected to have committed, is committing, or likely to commit a crime.
A warrant of arrest is an order issued by a judge or magistrate on behalf of the state, which authorizes the arrest and detention of an individual, or the search and seizure of an individual’s property.
At the point of arrest, the suspect is to be shown the warrant of arrest which should contain some specific details such as:
In summary, when a warrant of arrest has been issued by a judge to a police officer, the police may go ahead to secure a lawful arrest.
While there is no express provision for when a warrant of arrest must be obtained to facilitate an arrest, it is a general rule that arrest should be made with a warrant, except for exceptions permitted by law.
Instances where a valid arrest may be made without a warrant of arrest will be discussed next.
An arrest without warrant or a warrantless arrest is an arrest made without the use of an arrest warrant.
Generally, a warrant of arrest should be provided when a police officer or any arresting officer is intending to secure an arrest but there are instances where a lawful arrest may be secured without a warrant of arrest. They include: