MM> Basics are the same buut the devil is in the details. After working
 MM> in literally dozens of jurusdiction and at leasr 6 states, I can
 MM> assure you that the practices,policies , and laws are not
 MM> interchangeable. Basics are similar, but implementatiob practices
 MM> vary greatly. In your jurisdiction are pc arrest on misdemeanors by le
 MM> permitted without warrant? They are here. examples abound. non leo
 MM> citizen arrests here are minimally constrained, and there is little or
 MM> no difference between l
Please see my previous message. I realize there are differences, but here we
are talking about bare bone basics. Maybe the terms aren't clear because
semantics between jurisdictions, so I'll try to clarify. We are talking about
a misdemeanor arrest on a violation not committed in the presence of the
officer. Now, let's get rid of any confusing terms. You either have a citizen
affiant who is willing to serve in the prosecution, or you have very limited
exceptions where an officer can make a misdemeanor arrest not committed in
his presence without the citizen affiant.
In answer to your question, misdemeanor arrests are allowed in Oklahoma
without a warrant. I think that I already listed the circumstances, but I'll
list them again, maybe without the terms which might tend to confuse matters.
In Oklahoma, here are the ways a misdemeanor arrest can be made: 1) with a
warrant; 2) offense committed in the presence of an officer; 3) by citizen's
arrest and/or citizen affiant committed as a witness for the prosecution
(requires reasonable grounds and corroboration for custody or submittal for a
warrant); 4) Exceptions which do not require a citizen or commission in the
presence of the officer (i.e. radio communications of a traffic violation
from one officer to another officer, domestic abuse with injury within the
last 4 hours and reasonable grounds you have the person who committed the
assault, and other very limited exceptions).
I think the key to the discussion, probably in all jurisdictions, is whether
or not you have a citizen affiant/complainant who is willing to serve as a
witness for the prosecution and formally commit themselves. If you take the
citizen affiant/complainant completely out of the picture and the offense was
not committed in the presence of an officer, options for the officer are very
limited unless the case is a listed exception. In all jurisdictions, you
could take the discussion MUCH further by comparing custody and non-custody
arrest situations.
Tom Rightmer - A Victims' Rights Advocate
... Twenty-four hour banking: I just don't have time for it.
--- Blue Wave/DOS v2.30
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