The general rule is that a police officer must have a warrant to arrest someone. However, like most things in criminal law, there are exceptions:
Felony or Misdemeanor Committed in the Officer’s Presence: Under Mississippi Code Annotated Section 99-3-7, an arrest warrant is not required to make an arrest for a felony or misdemeanor where the officer actually sees the person commit the crime.
Felony with Probable Cause: An officer may make an arrest without a warrant for a felony he did not witness, where the officer has probable cause to believe: (a) a felony has been committed; and (b) the person to be arrested committed the crime. See Section 99-3-7.
Misdemeanor Domestic Violence: A police officer may make an arrest without a warrant “when he has probable cause to believe that [a] person has, within twenty-four (24) hours of such an arrest, knowingly committed a misdemeanor which is an act of domestic violence” or knowingly violated a protective order.
If the crime does not fall into one of these categories, a police officer must go to a judge and obtain an arrest warrant before making an arrest. Failure to obtain an arrest warrant when required may result in dismissal of the charges. A person wrongfully arrested may also have a civil action against the officer making the arrest.
If you have been arrested, please contact me immediately.