Washington D.C. Emergency Arrest Warrant

There is often confusion between emergency arrest and arresting a suspect caught in the act (commonly known as a “warrantless arrest” under exigent circumstances). In D.C., an officer can arrest without a warrant if the person is actively committing a felony or certain misdemeanors, or where probable cause exists and delay poses a risk of escape or evidence destruction.

However, the key difference lies in what follows: in emergency arrest scenarios, law enforcement must promptly submit a formal request for a judicial arrest warrant within a specific legal time frame—usually 48 hours—to justify the detention.

For law enforcement in Washington D.C. to conduct an emergency arrest and later obtain a valid warrant, the following conditions must generally be met:

• The offense is punishable by imprisonment exceeding one year (felony-level).
• Probable cause exists that the individual committed the offense.
• There is a significant risk of flight or destruction of evidence.
• The time required to secure a standard arrest warrant would jeopardize the investigation.

Such emergency arrest protocols are typically applied to violent crimes like homicide, armed robbery, and sexual assault, though D.C. law does not restrict its use solely to these categories.

• Preventing Suspect Flight: If officers encounter a suspect under circumstances that suggest imminent escape, immediate detention without a prior warrant may be justified.
• Protecting Evidence: If there is reason to believe that the suspect might destroy or alter physical or digital evidence, delay in apprehension could undermine the investigation.

These justifications must be clearly documented in the application for a post-arrest judicial review, ensuring the emergency action remains within the bounds of constitutional protections.

According to D.C. Superior Court Criminal Rule 5, after an emergency arrest, the arrestee must be presented before a judge within 48 hours, excluding weekends and legal holidays. Within this timeframe, prosecutors must:

• File a formal complaint supported by probable cause.
• Submit the request for judicial issuance of an arrest warrant or detention order.
• Demonstrate that the emergency nature of the arrest was necessary.

If a valid warrant is not granted within this time frame, the detainee must be released, and any further detention without a new warrant is unlawful.

• Do Not Resist: Any resistance during an arrest can lead to additional charges.
• Exercise the Right to Remain Silent: Avoid making statements until legal counsel is present.
• Request Legal Representation Immediately: You have the right to an attorney during interrogation.
• Request Information: Ask what offense is being investigated and whether an arrest warrant has been issued.

Early legal intervention is vital, as attorneys can review the legitimacy of the arrest, assess whether constitutional standards were met, and represent the detainee during the judicial review process.