For a peace officer to make a warrantless arrest for domestic assault, what must they have?

For a peace officer to execute a warrantless arrest for domestic assault, they must have probable cause to believe that an assault has occurred. Probable cause is a legal standard that requires more than mere suspicion; it means that the officer has sufficient facts and circumstances to reasonably believe that a crime has been committed.

In the context of domestic assault, this could involve observations of physical evidence such as injuries on the victim, statements from the victim or witnesses, or other indicative circumstances surrounding the incident. This standard ensures that officers act on a reasonable belief informed by evidence, which protects the rights of both the alleged victim and the alleged perpetrator while allowing law enforcement to intervene in potentially dangerous situations.

Without probable cause, any arrest made could be challenged as unlawful or a violation of the rights of the individual being arrested. In contrast, simply witnessing an assault or having reasonable suspicion may not meet the threshold required for a warrantless arrest, and a signed complaint by the victim, while helpful, does not on its own provide the necessary legal foundation for immediate arrest without additional evidence of the crime.