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(10) The person has abused (as defined in 33 V.S.A. § 6902(1)): (A) a person over the age of 60; (B) an adult whom the officer has reason to believe has a disability that prevents the adult from providing his or her own care or protection; or


(C) a minor child of such a person.


(11) The person has violated 23 V.S.A. § 1201 (operating a vehicle under the influence), and has a prior conviction under § 1201.


(12) The person has violated a hate-motivated crime injunction issued by a court under chapter 33 of Title 13.


(13) The person has violated a condition of release that relates to: (A) a restriction on travel, including curfew; (B) the operation of a motor vehicle; or (C) direct or indirect contact or harassment of a victim or potential witness.


(14) The person has violated 13 V.S.A. § 1062 (stalking). (15) The person has violated 13 V.S.A. § 1023 (simple assault). (16) The person has violated 13 V.S.A. § 1025 (recklessly endangering another person).


(17) The person has violated 13 V.S.A. § 1304 (cruelty to children under ten by one over 16.)


(3) An officer may also arrest without warrant a person under the supervision of the Commissioner of Corrections if: (1) the person is on probation and a correctional officer believes the person has violated a condition of his or her probation; or


(2) the person is serving a supervised community sentence, and a correctional officer believes the person has violated a condition of his or her supervised community sentence; or


(3) the person is on parole, and a correctional officer believes he or she has violated a condition of his or her parole; or


(4) the person is on furlough, and the law enforcement officer or a correctional officer believes the person has violated a condition of his or her furlough.


If an officer has probable cause to believe a person has committed a misdemeanor outside the officer’s presence, the officer may cite the person to court, unless the circumstances listed above exist, in which case, the officer may arrest.


An officer is no longer be permitted to arrest a person without a warrant for the purpose of preventing possible future harm to property, but may still arrest a person without a warrant if the officer has probable cause to believe arrest is necessary to prevent continuation of the offense, harm to the person arrested, or harm to another person.


76 On Your Own, 2008 Edition


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