What is a requirement for a warrant in felony arrests?

Prepare for the SCCJA Special Basic Test with comprehensive materials and practice quizzes including flashcards and multiple-choice questions, complete with helpful hints and explanations.

For felony arrests, a key requirement for obtaining a warrant is the ability of law enforcement to execute a non-consensual entry into a suspect's residence if there is probable cause to believe the suspect is inside. This is grounded in the Fourth Amendment, which protects against unreasonable searches and seizures, yet allows for warrants to be served under certain conditions, particularly during felony arrests where there is a risk of the suspect fleeing or destroying evidence.

Non-consensual entry means that officers can enter a residence to execute a warrant without needing the suspect's permission, provided they have the legal right to do so, which is often articulated through the probable cause standard met in the warrant application. This is particularly important in felony cases where the stakes may be higher and timing can affect the outcome of the arrest.

The other choices relate to scenarios where a warrant may not be necessary or have specific limitations, such as requiring the suspect's presence or consent, which can limit the circumstances under which an arrest can be made, and they do not reflect the established legal standards for executing a warrant on felony arrests. Additionally, the expiration of previous warrants is not a relevant requirement for the issuance or execution of a new warrant.

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