A peace officer may, without a warrant, arrest a person: 1. For a public offense, committed or attempted in the officer's presence; 2. When the person arrested has committed a felony, although not in the officer's presence; 3. When a felony has in fact been committed, and the officer has reasonable cause to believe the person arrested to have committed it; 4. On a charge, made upon reasonable cause, of the commission of a felony by the party arrested; 5. When the officer has probable cause to believe that the party was driving or in actual physical control of a motor vehicle involved in an accident within this state, whether upon public
roads, highways, streets, turnpikes, other public places, or upon any private road, street, alley or lane which provides access to one or more single- or multi-family dwellings and was under the influence of alcohol or intoxicating liquor or who was under the influence of any substance included in the Uniform Controlled Dangerous Substances Act; 6. Anywhere, including a place of residence of the person, 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 60.1 of this title, although the assault did not take place in the presence of the peace officer. A peace officer may not arrest a person pursuant to this section without first observing a recent physical injury to, or an impairment of the physical condition of, the alleged victim; 7. When a peace officer, in accordance with the provisions of Section 60.9 of this title, is acting on a violation of a protective order offense; or 8. When the officer has probable cause to believe that the person has threatened another person as defined in subsection B of Section 1378 of Title 21 of the Oklahoma Statutes. R.L.1910, § 5654. Amended by Laws 1975, c. 228, § 1, eff. Oct. 1, 1975; Laws 1977, c. 27, § 1, eff. Oct. 1, 1977; Laws 1982, c. 269, § 1, eff. Oct. 1, 1982; Laws 1987, c. 174, § 2, operative July 1, 1987; Laws 1994, c. 316, § 2, emerg. eff. June 8, 1994; Laws 2000, c. 370, § 12, eff. July 1, 2000; Laws 2001, c. 437, § 16, eff. July 1, 2001; Laws 2014, c. 200, § 1.
Notes of Decisions
Cited in
145
cases (
2 in the last 5 years), 1953–2026 · leading case:
Tomlin v. State, 869 P.2d 334 (Okla. Crim. App. 1994).
Tomlin v. State, 869 P.2d 334 (Okla. Crim. App. 1994).
· cites it 5× “Oklahoma law provides that a citizen may arrest another only when (1) a public offense has been committed or attempted in his presence; (2) the person arrested has in fact committed a felony, although not in his presence, or (3) a felony has been committed, and the arrester has…”
Johnson v. State, 665 P.2d 815 (Okla. Crim. App. 1983).
· cites it 2× “Additionally, Hall's typewritten statement substantiated evidence the police had obtained during their investigation of the robbery.”
State v. Iven, 2014 OK CR 8 (Okla. Crim. App. 2014).
· cites it 2× “22 O.S.2011, § 196. Absent one of the enumerated exceptions, a warrant must be obtained to arrest a person for a misdemeanor offense.”
Torres v. States, 1998 OK CR 40 (Okla. Crim. App. 1998).
· cites it 2× “[17] In his third proposition, Torres briefly mentions that a second Brady violation occurred when Officer Goforth destroyed unusable latent fingerprints taken from the crime scene. This issue is examined in detail in our discussion of Torres' fifth proposition of error.”
Ochoa v. State, 1998 OK CR 41 (Okla. Crim. App. 1998).
· cites it 2× “See 22 O.S.1991, § 196 ("A peace officer may, without a warrant, arrest a person.”
State v. Nelson, 2015 OK CR 10 (Okla. Crim. App. 2015).
· cites it 2× “" An "[a]rrest is the taking of a person into custody, so that he may be held to answer for a public offense.”
Chaney v. State, 612 P.2d 269 (Okla. Crim. App. 1980).
“Title 22 O.S.1971, § 196, permits an arrest without a warrant by an officer when a felony has *277 been committed and the officer has reasonable cause to believe that the person arrested committed the felony.”
Leaper v. State, 753 P.2d 914 (Okla. Crim. App. 1988).
· cites it 4× “22 O.S.Supp. 1982, § 196(5); Holder v. State, 725 P.”
Little v. State, 627 P.2d 445 (Okla. Crim. App. 1981).
· cites it 3× “1979) and 22 O.S.Supp.1980, § 196. 2 In the present case, Deputy Baugh contacted the McCurtain County Sheriff’s Department to have appellant Rogers picked up.”
Boutwell v. State, 659 P.2d 322 (Okla. Crim. App. 1983).
“Title 22 O.S.1981, § 196(3), provides an officer may make an arrest without a warrant, “[w]hen a felony has in fact been committed, and he has reasonable cause for believing the person arrested to have committed it.”
Brewer v. State, 650 P.2d 54 (Okla. Crim. App. 1982).
“1979); 22 O.S.1981, § 196. Two of the appellant’s assignments of error concern his attorney’s unsuccessful attempt to enter a guilty plea to the first degree murder charge at the 1978 arraignment.”
Fowler v. State, 779 P.2d 580 (Okla. Crim. App. 1989).
“We therefore find that sufficient exigencies existed to support the warrantless arrest under 22 O.S.1981, § 196, and hold that the trial court properly admitted the appellant’s pretrial statement.”
— Okla. Stat. tit. 22, § 196(1) — 4 cases
Tomlin v. State, 869 P.2d 334 (Okla. Crim. App. 1994).
“Oklahoma law provides that a citizen may arrest another only when (1) a public offense has been committed or attempted in his presence; (2) the person arrested has in fact committed a felony, although not in his presence, or (3) a felony has been committed, and the arrester has…”
— Okla. Stat. tit. 22, § 196(2) — 2 cases
— Okla. Stat. tit. 22, § 196(3) — 8 cases
Johnson v. State, 665 P.2d 815 (Okla. Crim. App. 1983).
“Additionally, Hall's typewritten statement substantiated evidence the police had obtained during their investigation of the robbery.”
Boutwell v. State, 659 P.2d 322 (Okla. Crim. App. 1983).
“Title 22 O.S.1981, § 196(3), provides an officer may make an arrest without a warrant, “[w]hen a felony has in fact been committed, and he has reasonable cause for believing the person arrested to have committed it.”
Tomlin v. State, 869 P.2d 334 (Okla. Crim. App. 1994).
“Oklahoma law provides that a citizen may arrest another only when (1) a public offense has been committed or attempted in his presence; (2) the person arrested has in fact committed a felony, although not in his presence, or (3) a felony has been committed, and the arrester has…”
— Okla. Stat. tit. 22, § 196(4) — 1 case
— Okla. Stat. tit. 22, § 196(5) — 4 cases
Leaper v. State, 753 P.2d 914 (Okla. Crim. App. 1988).
“22 O.S.Supp. 1982, § 196(5); Holder v. State, 725 P.”
Tomlin v. State, 869 P.2d 334 (Okla. Crim. App. 1994).
“Oklahoma law provides that a citizen may arrest another only when (1) a public offense has been committed or attempted in his presence; (2) the person arrested has in fact committed a felony, although not in his presence, or (3) a felony has been committed, and the arrester has…”
— Okla. Stat. tit. 22, § 196(6) — 3 cases
State v. Iven, 2014 OK CR 8 (Okla. Crim. App. 2014).
“22 O.S.2011, § 196. Absent one of the enumerated exceptions, a warrant must be obtained to arrest a person for a misdemeanor offense.”
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