Legal Question in Civil Rights Law in Ohio

No, there is no need for a warrant to arrest someone under the 4th Amendment. For example, if a police officer witnesses a robbery being committed, the officer is not required to call a duty judge and describe the situation in order for a warrant to be issued. To require a warrant be issued for an arrest would be time-consuming, costly, inefficient and would lead to the breakdown of every-day police work.

Instead, in order to constitute a valid arrest under the 4th Amendment, an officer must have probable cause that a crime is being or has been committed to arrest someone. An officer can detain a person if they believe there is reasonable suspicion that a crime is being or has been committed. These determinations are fact-based determinations made by the officer based upon his or her subjective experience with the potential offender.

A warrant is generally required to enter a structure such as a home. However, there are many well-recognized exceptions to the warrant requirement. "Emergency" and the "imminent destruction" of evidence are two recognized exceptions that allow law enforcement to enter a residence without a warrant.

Finally, there is no requirement that a person who has been detained be read their rights ("Miranda warning") at the time of their arrest. If a Miranda warning is not given, any statements made by the arrestee after their arrest may be used for law enforcement purposes, but may not be used against the arestee in a criminal proceeding.