§ 22-196. Arrest without warrant by officer.  


Latest version.
  • 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 upon the public highways, streets or turnpikes 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, Sections 2-101 et seq. of Title 63 of the Oklahoma Statutes;

    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 14 of this act.

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.