• Release from control of the state can happened immediately if there is insufficient evidence to hold the suspect.
• After proceedings have started, if at any time the prosecutor determines there is insufficient evidence to proceed.
• After time is served or parole granted.
Arrest.
• Arrest takes place when a person suspected of a crime is taken into custody.
• An arrest is considered a "seizure" under the 4th amendment and the constitution requires that seizures be reasonable.
Taken into Custody.
A person may be taken into custody in one of two ways".
1. By arrest warrant- a court order commanding that the person named by taken into custody.
2. Without a warrant but with "probable cause".
Obtaining a Warrant.
• Obtained by filing a complaint before a judge of magistrate.
• Generally a police officer but may be a victim or witness.
• The requestor must describe and swear to the facts and circumstances of the alleged crime.
• If, on the basis of the information provided, the judge finds probable cause to believe that a crime has been committed and the accused committed said crime, then a warrant will be issued.
No time for a Warrant.
• Police can make a warrant-less arrest based on probable cause.
• Probable cause is defined as a reasonable belief that a person has committed a crime.
• The amount of evidence used for probable cause may be less than that used for proving guilt.
Probable Cause.
• Since probable cause it based on reasonable belief, arresting without a warrant requires the police officer to use his/her own judgment as to what would be deemed reasonable under the circumstances and be upheld by a judge or District Attorney.
• It requires much more than a hunch.
• There must be some facts/evidence that shows the person committed the crime.