A peace officer may, without a warrant, arrest a person for a felony, whenever:
(1) The officer has reasonable ground to believe that a felony has been or is being committed
and that the person to be arrested has committed or is committing it.
(2) The person to be arrested in fact has committed or is committing a felony; and in
that case it shall be immaterial that the officer did not believe him or her guilty
or on unreasonable ground entertained belief in his or her guilt.
Notes of Decisions
Cited in
14
cases, 1960–2014 · leading case:
State v. Kryla, 742 A.2d 1178 (R.I. 1999).
State v. Kryla, 742 A.2d 1178 (R.I. 1999).
· cites it 2× “1990); see also G.L.1956 § 12-7-4. “Probable cause to arrest exists when the facts and circumstances within the police officer’s knowledge and of which he has reasonably trustworthy information are sufficient to warrant a reasonable person’s belief that a crime has been…”
State v. Steven B. Morris, 92 A.3d 920 (R.I. 2014).
· cites it 2× “Section 12-7-4 permits police officers to make a warrantless arrest if they have "reasonable ground to believe that a felony has been * * * committed and that the person to be arrested has committed * * * it.”
State v. Castro, 891 A.2d 848 (R.I. 2006).
· cites it 2× “See G.L.1956 § 12-7-4. “The existence of probable cause to arrest without a warrant depends on whether, under the totality of the circumstances, the arresting officer possesses sufficient trustworthy facts and information to warrant a prudent officer in believing that the…”
Palmigiano v. Mullen, 377 A.2d 242 (R.I. 1977).
“General Laws 1956 (1969 Reenactment) §12-7-4 provides in pertinent part: “A peace officer may without a warrant arrest a person for a felony, whenever: (a) The officer has reasonable ground to believe that a felony has been or is being committed and that the person to be…”
State v. Pacheco, 481 A.2d 1009 (R.I. 1984).
“1956 (1981 Reenactment) § 12-7-3 and § 12-7-4. Probable cause to arrest depends on whether at the time of arrest the facts and circumstances within the arresting officer’s *1022 knowledge and of which he had reasonable, trustworthy information were sufficient to cause a prudent…”
State v. Johnson, 383 A.2d 1012 (R.I. 1978).
“is necessary to validate a felony arrest, it specifically provides that a peace officer may arrest without a warrant if he “has reasonable *758 ground to believe that a felony has been or is being committed and that the person to be arrested has committed or is committing it,”…”
State v. DeWolfe, 402 A.2d 740 (R.I. 1979).
“General Laws 1956 (1969 Reenactment) §12-7-4 provides: “Arrest without warrant for felony.”
State v. Belcourt, 425 A.2d 1224 (R.I. 1981).
“1956 (1969 Reenactment) § 12-7-4. Thus, although probable cause is an absolute prerequisite to a valid arrest, a proper arrest can be made without a warrant.”
Yekhtikian v. Blessing, 157 A.2d 669 (R.I. 1960).
· cites it 2× “1956, §12-7-4, which provides, “A peace officer may without a warrant arrest a person for a felony, whenever: (a) The officer has reasonable ground to believe that a felony has been or is being-committed and that the person to be arrested has committed or is committing it.”
State ex rel. Town of Portsmouth v. Hagan, 819 A.2d 1256 (R.I. 2003).
“See § 12-7-3 and § 12-7-4. Similarly, by its decisional law, this Court has long recognized the state and federal constitutional protections against unreasonable seizures, and hence the limits to an officer's authority to arrest a person, based upon probable cause *1261 to…”
State v. McParlin, 221 A.2d 790 (R.I. 1966).
“1956, §12-7-4. His repeated trips to the gravesite as related by Poisson and his request of the latter that they both deny ever having visited the site if questioned by the police, coupled with the discovery of a body and the known intimacy of defendant with the wife of the…”
State v. Ouimette, 274 A.2d 732 (R.I. 1971).
“The arrest was made on the authority of §12-7-4(b) which provides that a peace officer may arrest, without a warrant, any person committing a felony in his presence.”
R.I. Gen. Laws § 12-7-4(a): 1 case
R.I. Gen. Laws § 12-7-4(b): 2 cases
State v. Ouimette, 274 A.2d 732 (R.I. 1971).
“The arrest was made on the authority of §12-7-4(b) which provides that a peace officer may arrest, without a warrant, any person committing a felony in his presence.”
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