An arrest is generally made with an arrest warrant. An arrest may be made without a warrant if
probable cause and exigent circumstances are presented at the time of the arrest. Probable cause is a reasonable belief of the police officer in the guilt of the suspect, based on the facts and information prior to the arrest.
Section 40 of the Criminal Procedure Act 51 of 1977 allows a Peace Officer (Police Officer) to make an arrest without a warrant in the following circumstances:
- When a person commits or attempt to commit any offence in a Police Officers presence;
More itemsA
peace officer may arrest, without warrant, when a felony or breach of the peace has been committed in the presence or within the view of a magistrate, and such magistrate verbally orders the arrest of the offender.
Section 41 CRPC enlists certain conditions that must be satisfied for a police officer to make an arrest without a warrant. Any police officer may without an order from the Magistrate and without a warrant arrest any person- that commits in the presence of a police officer a cognizable offence.
Illegal act
Resisting arrest, or simply resisting, is an illegal act of a suspected criminal either fleeing, threatening, assaulting, or providing a fake ID to a police officer during arrest.
In most cases, the person responsible for resisting arrest is criminally charged or taken to court.
In fewer, they are killed.
