CA11: “[W]hile an in-the-presence observation may be sufficient for a warrantless misdemeanor arrest, it is not necessary under the Fourth Amendment.”

“[W]hile an in-the-presence observation may be sufficient for a warrantless misdemeanor arrest, it is not necessary under the Fourth Amendment.” United States v. Gonzalez, 2024 U.S. App. LEXIS 17813 (11th Cir. July 19, 2024):

This case requires us to determine whether the Fourth Amendment contains an in-the-presence requirement for a warrantless misdemeanor arrest. While many of our sister circuits answer this question in the negative, most make their conclusion in passing. Further, both the U.S. Supreme Court and our own circuit have explicitly declined to broach the issue. However, this case affords us with an opportunity to clarify a historically murky area of the law.

After review of common law, sister circuit, and Supreme Court precedent, we conclude that while an in-the-presence observation may be sufficient for a warrantless misdemeanor arrest, it is not necessary under the Fourth Amendment. In other words, an in-the-presence requirement for warrantless misdemeanor arrests is consistent with the Fourth Amendment, but not necessarily demanded as a prerequisite for constitutionality. We therefore affirm the district court’s judgment.