Ariz. Rev. Stat. » Title 13
Arizona Revised Statutes

Ariz. Rev. Stat. § 13-3883 (2026)

Arrest by officer without warrant

✓ current as of May 2026
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A. A peace officer, without a warrant, may arrest a person if the officer has probable cause to believe:

1. A felony has been committed and probable cause to believe the person to be arrested has committed the felony.

2. A misdemeanor has been committed in the officer's presence and probable cause to believe the person to be arrested has committed the offense.

3. The person to be arrested has been involved in a traffic accident and violated any criminal section of title 28, and that such violation occurred prior to or immediately following such traffic accident.

4. A misdemeanor or a petty offense has been committed and probable cause to believe the person to be arrested has committed the offense. A person arrested under this paragraph is eligible for release under section 13-3903.

5. The person to be arrested has committed any public offense that makes the person removable from the United States.

B. A peace officer may stop and detain a person as is reasonably necessary to investigate an actual or suspected violation of any traffic law committed in the officer's presence and may serve a copy of the traffic complaint for any alleged civil or criminal traffic violation. A peace officer who serves a copy of the traffic complaint shall do so within a reasonable time of the alleged criminal or civil traffic violation.

 

Notes of Decisions
Cited in 74 cases (11 in the last 5 years), 1979–2026 · leading case: United States v. Arizona, 703 F. Supp. 2d 980 (D. Ariz. 2010).
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United States v. Arizona, 703 F. Supp. 2d 980 (D. Ariz. 2010). · cites it 32× “1070 amends A.R.S. § 13-3883 to permit an officer to arrest a person without a warrant if the officer has probable cause to believe that “the person to be arrested has committed any public offense that makes the person removable from the United States.”
Arizona v. United States, 132 S. Ct. 2492 (2012). · cites it 4× “” Ariz. Rev. Stat. Ann. § 13-3883 (A)(5). The United States argues that arrests authorized by this statute would be an obstacle to the removal system Congress created.”
State v. Box, 73 P.3d 623 (Ariz. Ct. App. 2003). · cites it 9× “” Section 13-3883 itself is entitled “Arrest by officer without warrant” and addresses warrantless arrests under several scenarios.”
State v. Keener, 75 P.3d 119 (Ariz. Ct. App. 2003). · cites it 11× “A felony has been committed and probable cause to believe the person to be arrested has committed the felony.”
Atwater v. City of Lago Vista, 532 U.S. 318 (2001). · cites it 2× “in the presence of the person making the arrest"); Ariz. Rev. Stat. Ann. § 13-3883 (a)(2) (Supp.”
United States v. Arizona, 641 F.3d 339 (9th Cir. 2011). · cites it 5× “" [19] Ariz.Rev.Stat. Ann. § 13-3883(A)(5) (2010).”
Gortarez v. Smitty's Super Valu, Inc., 680 P.2d 807 (Ariz. 1984). · cites it 8× “NOTES [1] This opinion does not deal with the issues which might arise under A.R.S. § 13-3883, Arrest by Officer Without Warrant.”
State v. Valenzuela, 898 P.2d 1010 (Ariz. Ct. App. 1995). · cites it 17× “The essence of her argument was that, under A.R.S. § 13-3883, the officers were not authorized to arrest her for driving on a suspended license but could only “stop and detain” her to investigate and cite her for the traffic violation.”
Quinn v. Cardenas, 535 P.3d 921 (Ariz. Ct. App. 2023). · cites it 4× “” A.R.S. § 13-3883(A)(2). And an officer cannot be liable for false imprisonment if he “act[ed] in good faith in the lawful performance of his duty.”
Spears v. Ariz. Bd. of Regents, 372 F. Supp. 3d 893 (D. Ariz. 2019). · cites it 2× “§ 13-502(A)(1) ("[k]nowingly entering or remaining unlawfully on any real property after a reasonable request to leave by a law enforcement officer, the owner or any other person having lawful control over such property").”
United States v. Ramos, 815 F. Supp. 1304 (D. Ariz. 1993). · cites it 13× “Section 13-3883 is also totally consistent with section 28-1053 which specifically deals with the exceptions to the state’s policy of freedom from arrest for Title 28 misdemeanors.”
State v. Hein, 674 P.2d 1358 (Ariz. 1983). · cites it 2× “A.R.S. § 13-3883. Probable cause exists when the facts and circumstances known at the time of the arrest are sufficient to lead a reasonable person to believe a felony was committed by the person to be arrested.”
Show all 74 citing cases →
— Ariz. Rev. Stat. § 13-3883(1) — 3 cases
Tenorio-Serrano v. Driscoll, 324 F. Supp. 3d 1053 (D. Ariz. 2018).
English-Clark v. City of Tucson, 690 P.2d 1235 (Ariz. Ct. App. 1984).
Deadman v. Valley Nat. Bank of Arizona, 743 P.2d 961 (Ariz. Ct. App. 1987).
— Ariz. Rev. Stat. § 13-3883(2) — 3 cases
State v. DeRosier, 650 P.2d 456 (Ariz. 1982).
English-Clark v. City of Tucson, 690 P.2d 1235 (Ariz. Ct. App. 1984).
Pharo v. Tucson City Court, 810 P.2d 569 (Ariz. Ct. App. 1990).
— Ariz. Rev. Stat. § 13-3883(4) — 3 cases
State v. Taylor, 808 P.2d 324 (Ariz. Ct. App. 1991).
Gonzales v. City of Peoria, 537 F. Supp. 793 (D. Ariz. 1982).
Pharo v. Tucson City Court, 810 P.2d 569 (Ariz. Ct. App. 1990).
— Ariz. Rev. Stat. § 13-3883(A) — 12 cases
United States v. Arizona, 641 F.3d 339 (9th Cir. 2011). “" [19] Ariz.Rev.Stat. Ann. § 13-3883(A)(5) (2010).”
United States v. Arizona, 703 F. Supp. 2d 980 (D. Ariz. 2010). “1070 amends A.R.S. § 13-3883 to permit an officer to arrest a person without a warrant if the officer has probable cause to believe that “the person to be arrested has committed any public offense that makes the person removable from the United States.”
State v. Morris, 435 P.3d 1060 (Ariz. Ct. App. 2019).
State v. Hernandez, 399 P.3d 115 (Ariz. Ct. App. 2017).
State v. Keener, 75 P.3d 119 (Ariz. Ct. App. 2003). “A felony has been committed and probable cause to believe the person to be arrested has committed the felony.”
— Ariz. Rev. Stat. § 13-3883(A)(1) — 10 cases
State v. Mitcham, 535 P.3d 948 (Ariz. Ct. App. 2023).
State v. Okken, 364 P.3d 485 (Ariz. Ct. App. 2015).
State v. Blackmore, 904 P.2d 1297 (Ariz. Ct. App. 1995).
State of Arizona v. Brian Matthew MacHardy, 521 P.3d 613 (Ariz. Ct. App. 2022).
State of Arizona v. Sammantha Lucille Rebecca Allen, 513 P.3d 282 (Ariz. 2022).
— Ariz. Rev. Stat. § 13-3883(A)(2) — 10 cases
Quinn v. Cardenas, 535 P.3d 921 (Ariz. Ct. App. 2023). “” A.R.S. § 13-3883(A)(2). And an officer cannot be liable for false imprisonment if he “act[ed] in good faith in the lawful performance of his duty.”
Spears v. Ariz. Bd. of Regents, 372 F. Supp. 3d 893 (D. Ariz. 2019). “§ 13-502(A)(1) ("[k]nowingly entering or remaining unlawfully on any real property after a reasonable request to leave by a law enforcement officer, the owner or any other person having lawful control over such property").”
State v. Keener, 75 P.3d 119 (Ariz. Ct. App. 2003). “A felony has been committed and probable cause to believe the person to be arrested has committed the felony.”
State v. Valenzuela, 898 P.2d 1010 (Ariz. Ct. App. 1995). “The essence of her argument was that, under A.R.S. § 13-3883, the officers were not authorized to arrest her for driving on a suspended license but could only “stop and detain” her to investigate and cite her for the traffic violation.”
State v. Bonillas, 3 P.3d 1016 (Ariz. Ct. App. 1999).
— Ariz. Rev. Stat. § 13-3883(A)(3) — 1 case
United States v. Ramos, 815 F. Supp. 1304 (D. Ariz. 1993). “Section 13-3883 is also totally consistent with section 28-1053 which specifically deals with the exceptions to the state’s policy of freedom from arrest for Title 28 misdemeanors.”
— Ariz. Rev. Stat. § 13-3883(A)(4) — 6 cases
State v. Keener, 75 P.3d 119 (Ariz. Ct. App. 2003). “A felony has been committed and probable cause to believe the person to be arrested has committed the felony.”
State v. Lopez, 10 P.3d 1207 (Ariz. Ct. App. 2000).
State Ex Rel. McDougall v. Superior Court, 953 P.2d 926 (Ariz. Ct. App. 1997).
State v. Valenzuela, 898 P.2d 1010 (Ariz. Ct. App. 1995). “The essence of her argument was that, under A.R.S. § 13-3883, the officers were not authorized to arrest her for driving on a suspended license but could only “stop and detain” her to investigate and cite her for the traffic violation.”
State v. Sample (Ariz. Ct. App. 2021).
— Ariz. Rev. Stat. § 13-3883(A)(5) — 4 cases
United States v. Arizona, 703 F. Supp. 2d 980 (D. Ariz. 2010). “1070 amends A.R.S. § 13-3883 to permit an officer to arrest a person without a warrant if the officer has probable cause to believe that “the person to be arrested has committed any public offense that makes the person removable from the United States.”
United States v. Arizona, 641 F.3d 339 (9th Cir. 2011). “" [19] Ariz.Rev.Stat. Ann. § 13-3883(A)(5) (2010).”
State v. Sarrabea, 157 So. 3d 1 (La. Ct. App. 2013).
Utah Coalition of La Raza v. Herbert, 26 F. Supp. 3d 1125 (D. Utah 2014).
— Ariz. Rev. Stat. § 13-3883(B) — 10 cases
State v. Box, 73 P.3d 623 (Ariz. Ct. App. 2003). “” Section 13-3883 itself is entitled “Arrest by officer without warrant” and addresses warrantless arrests under several scenarios.”
State v. Keener, 75 P.3d 119 (Ariz. Ct. App. 2003). “A felony has been committed and probable cause to believe the person to be arrested has committed the felony.”
State v. Valenzuela, 898 P.2d 1010 (Ariz. Ct. App. 1995). “The essence of her argument was that, under A.R.S. § 13-3883, the officers were not authorized to arrest her for driving on a suspended license but could only “stop and detain” her to investigate and cite her for the traffic violation.”
United States v. Frank Miranda-Guerena, 445 F.3d 1233 (9th Cir. 2006).
United States v. Ramos, 815 F. Supp. 1304 (D. Ariz. 1993). “Section 13-3883 is also totally consistent with section 28-1053 which specifically deals with the exceptions to the state’s policy of freedom from arrest for Title 28 misdemeanors.”
— Ariz. Rev. Stat. § 13-3883(a)(1) — 1 case
State v. Snow (Ariz. Ct. App. 2018).
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