Question

You are a patrol officer on routine patrol parked by the road with a radar device. It is after midnight, and a car speeds past you, going 65 miles per hour in a 35 miles-per-hour zone. You catch up to the driver in the speeding car (who is technically in criminal violation of traffic laws). Once they’ve pulled over, you approach the vehicle carefully. Due to the late hour, you know you may be dealing with someone who is under the influence. Only one person, Martin Lane, is occupying the vehicle. You confirm that the vehicle has a current registration, that Mr. Lane owns the vehicle, and that he has no outstanding warrants. You determine that he does not appear to be impaired in any way.

Let’s review two concepts before you make a decision about this scene.

Traffic stops, which are done without a warrant, often lead to arrests. Which of the following is true about the frequency of arrests without a warrant?


Arrests without a warrant comprise about 95 percent of arrests.

Arrests without a warrant happen about half of the time.

Arrests without a warrant are a rare occurrence.

Arrests without a warrant are illegal unless the officer’s belief is found to be reasonable.

Answer 1

Arrests without a warrant comprise about 95 percent of arrests.

(Bureau of Justice Statistics data and common legal practice show that the vast majority of arrests are made on the spot—without a prior warrant—when officers have probable cause or encounter exigent circumstances.)