q IF YOU ARE ARRESTED
When Can I Be Arrested? Police officers can make an arrest either with a warrant (a specific order issued by a court) or without a warrant. Arrests without a warrant can occur when the law enforcement officer has probable cause to believe the person committed the crime in the presence of the officer. Such an arrest should be made while the crime is being committed or without reasonable delay thereafter. An officer may also arrest a person without a warrant under the following circumstances:
(1) When the officer has probable cause to believe that the person has committed a felony (a crime punishable by more than two years in jail);
(2) When the officer has probable cause to believe that: (1) The person has failed to provide satisfactory proof of identity. (2)
(3)
Arrest is necessary to obtain evidence that is on the person or within the reach of the person, including a test for purposes of determining blood alcohol content.
Arrest is necessary to prevent the continuation of the criminal conduct for which the person was detained, to prevent harm to the person detained or to another person.
(4) The person has no ties to the community that can be counted on to ensure or her appearance in court, or there is a likelihood that he or she will refuse to respond to a citation.
(5) The person has previously failed to appear in response to a citation, summons, warrant, or other court order issued in connection with the same or another offense.
(6) The person has violated an abuse prevention order issued by a Vermont court.
(7) The person has violated an abuse prevention order issued by a court in any other state, federally-recognized Indian tribe, territory or possession of the United States, the Commonwealth of Puerto Rico, or the District of Columbia.
(8) The person has committed a misdemeanor (a crime punishable by less than two years in jail) that involves an assault against a family or household member, or a child of such a family or household member.
(9) The person has violated 33 V.S.A. § 6913(d) (sexual activity between a caregiver and an elderly or disabled adult).
On Your Own, 2008 Edition 75
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