In Flagrante Delicto
Literal meaning: “In the blazing offense; caught in the act”
What does the Latin term "In Flagrante Delicto" mean in law?
In flagrante delicto describes the situation where a person is caught in the very act of committing an offense. In criminal law, being apprehended in flagrante delicto may affect the legality of a warrantless arrest, the admissibility of evidence, and the credibility of the defendant's account. Many jurisdictions permit warrantless arrests when a crime is committed in flagrante delicto because the probable cause is self-evident. The term also appears in family law, historically in connection with adultery as grounds for divorce. The concept is related to the common law doctrine that a law enforcement officer may arrest without a warrant any person who commits a felony or breach of the peace in the officer's presence.
Source: Criminal · Legal Latin
Legal Definition
In flagrante delicto describes the situation where a person is caught in the very act of committing an offense. In criminal law, being apprehended in flagrante delicto may affect the legality of a warrantless arrest, the admissibility of evidence, and the credibility of the defendant's account. Many jurisdictions permit warrantless arrests when a crime is committed in flagrante delicto because the probable cause is self-evident. The term also appears in family law, historically in connection with adultery as grounds for divorce. The concept is related to the common law doctrine that a law enforcement officer may arrest without a warrant any person who commits a felony or breach of the peace in the officer's presence.
How It's Used
Courts and prosecutors use in flagrante delicto to describe arrests or observations made while a crime was actively occurring. The concept is particularly relevant in Fourth Amendment jurisprudence regarding warrantless searches and arrests.
Example Sentences
Officers caught the defendant in flagrante delicto as he was removing goods from the warehouse through a broken window at 3 a.m.
Because the suspect was apprehended in flagrante delicto, the warrantless arrest was upheld as consistent with the Fourth Amendment.
The private investigator photographed the spouse in flagrante delicto, providing evidence of adultery in the divorce proceeding.