What is On-View Arrest?
In the United States, law enforcement agencies have the authority to make arrests in various situations. One type of arrest that is often misunderstood is the "on-view" arrest. In this article, we will delve into the definition, legality, and procedures surrounding on-view arrests.
What is an On-View Arrest?
An on-view arrest occurs when a law enforcement officer arrests an individual in public view, typically in a situation where the officer is observing the individual committing a crime or has probable cause to believe that the individual has committed a crime. This type of arrest is also known as a "citizen’s arrest" or "arrest in the act."
Key Elements of an On-View Arrest
For an on-view arrest to be legal, there are several key elements that must be present:
• Probable cause: The officer must have probable cause to believe that the individual has committed a crime.
• Observation: The officer must have observed the individual committing the crime or have reason to believe that the individual was involved in the crime.
• Public view: The arrest must occur in public view, which typically means that the arrest is made in a location where others are present.
Examples of On-View Arrests
Here are some examples of situations where an on-view arrest might occur:
• Public disturbance: An officer is called to a public disturbance and observes an individual fighting or causing a disturbance. The officer has probable cause to believe that the individual has committed a crime and arrests them on the spot.
• Theft: An officer is patrolling a shopping mall and observes an individual shoplifting. The officer has probable cause to believe that the individual has committed a crime and arrests them on the spot.
• Domestic violence: An officer is called to a domestic violence incident and observes an individual physically abusing a family member. The officer has probable cause to believe that the individual has committed a crime and arrests them on the spot.
Legal Basis for On-View Arrests
The legal basis for on-view arrests can be found in various statutes and case law. For example:
• Title 18, United States Code, Section 3182: This statute allows federal law enforcement officers to make arrests without a warrant in certain situations, including when the officer has probable cause to believe that the individual has committed a crime.
• California Penal Code Section 836: This statute allows California law enforcement officers to make arrests without a warrant in certain situations, including when the officer has probable cause to believe that the individual has committed a crime.
Challenges to On-View Arrests
On-view arrests can be challenging for several reasons:
• Probable cause: Determining whether an officer has probable cause to believe that an individual has committed a crime can be difficult.
• Observation: Observing an individual committing a crime can be challenging, especially in situations where the individual is not clearly visible.
• Public view: Ensuring that an arrest occurs in public view can be challenging, especially in situations where the individual is arrested in a private location.
Table: On-View Arrest vs. Warrantless Arrest
| On-View Arrest | Warrantless Arrest | |
|---|---|---|
| Probable cause | Officer must have probable cause to believe individual has committed a crime | Officer must have probable cause to believe individual has committed a crime |
| Observation | Officer must have observed individual committing crime or have reason to believe individual was involved | Officer must have observed individual committing crime or have reason to believe individual was involved |
| Public view | Arrest must occur in public view | Arrest can occur in private or public location |
| Legal basis | Statutes and case law allow for on-view arrests | Statutes and case law allow for warrantless arrests |
Conclusion
In conclusion, on-view arrests are a type of arrest that occurs when a law enforcement officer arrests an individual in public view, typically in a situation where the officer is observing the individual committing a crime or has probable cause to believe that the individual has committed a crime. While on-view arrests can be challenging, they are an important tool for law enforcement agencies to ensure public safety and hold individuals accountable for their actions.
