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Domestic Violence Cases: What Research Shows About Arrest and Dual Arrest Rates
Table 3. States With Discretionary Arrest Provisions
Ala. Code § 15-10-3 (a)(8)
An officer may arrest a person without a warrant, on any day and at anytime in any of the following instances: When an offense involves domestic violence as defined by this section, and the arrest is based on probable cause, regardless of whether the offense is a felony or misdemeanor.
Del. Code Ann. tit.11§1904(a)(4)
Whenever a law enforcement officer has reasonable grounds to believe a person has committed a misdemeanor involving physical injury or the threat thereof or any misdemeanor involving illegal sexual contact or attempted sexual contact.
Fla. Stat. ch. 741.29 (3)
Whenever a law enforcement officer determines upon probable cause that an act of domestic violence has been committed within the jurisdiction the officer may arrest the person or persons suspected of its commission and charge such person or persons with the appropriate crime. The decision to arrest and charge shall not require consent of the victim or consideration of the relationship of the parties.
Ga. Code Ann. § 17-4-20 (a)
An arrest for a crime may be made by a law enforcement officer either under a warrant or without a warrant if the offense is committed in such officer's presence or within such officer's immediate knowledge if the officer has probable cause to believe that an act of family violence has been committed.
Haw. Rev. Stat §709-906 (2)
Any police officer, with or without a warrant, may arrest a person if the officer has reasonable grounds to believe that the person is physically abusing, or has physically abused, a family or household member and that the person arrested is guilty thereof.
Idaho Code §19-603 (6)
A peace officer may make an arrest when upon immediate response to a report of a commission of a crime there is probable cause to believe that the person arrested has committed a violation of section 18-902 (assault), 18-903 (battery),18-918 (domestic assault or battery).
725 Ill. Comp. Stat. 5/112A-30
Whenever a law enforcement officer has reason to believe that a person has been abused by a family or household member, the officer shall immediately use all reasonable means to prevent further abuse, including arresting the abusing party, where appropriate.
Ind. Code Ann. § 35-33-1-1 (a)(5)(C )
A law enforcement officer may arrest a person when the officer has probable cause to believe the person has committed a domestic battery under IC 35-42-2-1.3.
Ky. Rev. Stat. Ann. § 431.005(2)(a)
Any peace officer may arrest a person without a warrant when he has probable cause to believe that the person has intentionally or wantonly caused physical injury to a family member or member of an unmarried couple.
Md. Code Ann. § 2-204
A police officer without a warrant may arrest a person if (s)he has probable cause to believe that:(i) the person battered the person's spouse or another person with whom the person resides; (ii) there is evidence of physical injury; and, (iii) unless the person is arrested immediately, the person: 1.may not be apprehended; 2.may cause physical injury or property damage to another; or 3. may tamper with, dispose of, or destroy evidence; and a report to the police was made within 48 hours of the alleged incident.
Mich. Comp. Laws § 764.15a
A peace officer may arrest an individual regardless of whether (s) he has a warrant or whether the violation was committed in presence of the peace officer, has or receives positive information that another peace officer has reasonable cause to believe both of the following: (a) The violation occurred or is occurring. (b) The individual has had a child in common with the victim, resides or has resided in the same household as the victim, has or has had a dating relationship with the victim, or is a spouse or former spouse of the victim.
Minn. Stat. § 629.341 (1)
A peace officer may arrest a person anywhere without a warrant, including at the person's residence, if (s) he has probable cause to believe that within the preceding 12 hours the person has committed domestic abuse. The arrest may be made even though the assault did not take place in the presence of the peace officer.
Neb. Rev. Stat. § 29-404.02(3)
A peace officer may arrest a person without a warrant if (s) he has reasonable cause to believe that such person has committed one or more of the following acts to one or more household members: (a) Attempting to cause or intentionally, knowingly, or recklessly causing bodily injury with or without a deadly weapon; or (b) Threatening another in a menacing manner.
N.H. Rev. Stat. Ann. § 173-B:9 & N.H. Rev. Stat. Ann. § 594:10 (I)(b)
An arrest for abuse may be made without a warrant upon probable cause, whether or not the abuse is committed in the presence of the peace officer. An arrest by a peace officer without a warrant on a charge of a misdemeanor or a violation is lawful whenever there is probable cause to believe that the person to be arrested has within the past 6 hours committed abuse as defined in RSA 173-B:1, I against a person eligible for protection from domestic violence.
N.M. Stat. Ann§ 40-13-7 (B)(5)
A local law enforcement officer responding to the request for assistance shall be required to take whatever steps are reasonably necessary to protect the victim from further domestic abuse, including: arresting the abusing household member when appropriate and including a written statement in the attendant police report to indicate that the arrest of the abusing household member was, in whole or in part, premised upon probable cause to believe that the abusing household member committed domestic abuse against the victim.
NC Gen. Stat. § 15A-401 (b)(2)
An officer may arrest without a warrant any person whom (s)he has probable cause to believe has committed a misdemeanor,
will not be apprehended unless immediately arrested,
may cause physical injury to himself or others, or damage to property unless immediately arrested, or has committed one of the following (listed) misdemeanors.
Okla. Stat. tit. 22, § 40.3 (B)
A peace officer may arrest without a warrant a person anywhere, including his place of residence, if the peace officer has probable cause to believe the person within the preceding seventy-two (72) hours has committed an act of domestic abuse as defined by Section 60.1of this title, although the assault did not take place in the presence of the peace officer. Officer must observe a recent physical injury to, or an impairment of the physical condition of, the alleged victim.
18 Pa. Cons. Stat. § 2711(A)
A police officer shall have the same right of arrest without a warrant as in a felony whenever (s)he has probable cause to believe the defendant has violated section 2504 (relating to involuntary manslaughter), 2701 (relating to simple assault), 2702(a)(3), (4) and (5) (relating to aggravated assault), 2705 (relating to recklessly endangering another person), 2706 (relating to terroristic threats) or 2709(b) (relating to harassment and stalking) against a family or household member although the offense did not take place in the presence of the police officer. An officer may not arrest a person pursuant to this section without first observing recent physical injury to the victim or other corroborative evidence.
Tex. Code Crim. P. Ann. art. 14.03 (a)(4)
Any peace officer may arrest, without a warrant persons whom the peace officer has probable cause to believe have committed an assault resulting in bodily injury to a member of the person's family or household.
Vt .R. Cr. P. 3(a)(C )
An officer may also arrest a person without warrant in the following situations: that a person has committed a misdemeanor which involves an assault against a family member, or against a household member as defined in 15 V.S.A. § 1101(2), or a child of such a family or household member.
W.Va. Code § 48-27-1002(a)
A law-enforcement officer has authority to arrest that person without first obtaining a warrant if (s)he has observed credible corroborative evidence that an offense has occurred
either the law-enforcement officer has received, from the victim or a witness, an oral or written allegation of facts constituting a violation of section twenty-eight, article two, chapter sixty-one of this code (domestic violence offense) or the law-enforcement officer has observed credible evidence that the accused committed the offense.
Wyo. Stat. Ann. § 7-20-102 (a)
In addition to arrests specified in W.S. 7-2-102, any peace officer who has probable cause to believe that a violation of W.S. 6-2-501(a), (b), (e) or (f), 6-2-502(a) or 6-2-504(a) or (b) has taken place within the preceding twenty-four (24)hours or is taking place and that the person who committed or is committing the violation is a household member as defined by W.S. 35-21-102(a)(iv), may arrest the violator without a warrant for that violation, regardless of whether the violation was committed in the presence of the peace officer.
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