You saw a man with bloody clothing holding a bloody knife. The man was even afraid and almost run away upon seeing you. If you are a police officer, will you arrest the person even if you do not have a warrant of arrest?
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The scenario described would amount to “reasonable suspicion,” which is sufficient to perform an investigative detention or “Terry stop.” I could then investigate further and determine whether there was probable cause for an arrest.
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I assume in the entirety of your question that I am the police officer rather than a random citizen. Simply stated, I would detain the person until I feel as if I’ve received a credible story as to why his clothing is bloody and he’s holding a knife. It’s worth noting that detaining and arresting are two very different things.
For all I know, the guy could be a butcher who was butchering and bleeding some wild game that a customer brought to him. The blood on his clothing? He could have slipped or spilled it on him. Why’d he run away? Well maybe he remembered he left a machine on and running and went to go quickly turn it off before further trouble ensued. There’s always a reason and it’s not always negative.
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Police don’t need a warrant to make an arrest, they need probable cause. All a warrant is is some judge saying “yes, you totally have probable cause”.
Probable cause can exist without a warrant, many, if not most arrests do not involve a warrant.
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The other day I looked in my back yard and saw a man with bloody clothing holding a bloody knife and he had a rifle sitting near him, but he did not act afraid and did not run away. Should he be arrested?
That man was my son-in-law and he was skinning the deer that he just legally hunted.
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