Jackson, Mississippi Criminal Defense Attorney Explains Whether The Police Need A Warrant to Arrest You In Mississippi

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.

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