What is necessary for a defendant's arrest according to the law?

Prepare for the Georgia Judicial Branch Test. Study with multiple choice questions, hints, and explanations. Ensure you're ready for your exam!

For an arrest to be lawful, there must be probable cause. This means that law enforcement officers have a reasonable belief, based on the available facts and circumstances, that a crime has been committed and that the person being arrested is involved in that crime. Probable cause is a foundational principle that protects individuals from unreasonable seizures and ensures that arrests are justified based on reliable information rather than mere suspicion or arbitrary actions.

While a warrant and evidence of guilt can play roles in the arrest process, probable cause is the critical element that must be established for an arrest to take place. A warrant is a legal document that authorizes law enforcement to make an arrest, but it cannot be issued without probable cause. Evidence of guilt refers to what may be used in a trial to show someone committed a crime but is not a direct requirement for arrest itself. A subpoena is a legal order requiring someone to appear in court or produce evidence and is not related to the act of making an arrest.

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