MCOLES State Licensing Practice Exam

When can an officer arrest without a warrant?

1. A Felony was committed in the officer's presence

2. A Misdemeanor was committed in the officer's presence

3. Civil Infractions were committed in the officer's presence

4. All of the above

The correct answer is: A Misdemeanor was committed in the officer's presence

An officer can indeed make an arrest without a warrant in certain circumstances, particularly when they witness a crime being committed. The correct answer regarding the ability to arrest without a warrant when a misdemeanor is committed in the officer's presence is rooted in legal standards that grant officers the authority to take immediate action to uphold the law. For misdemeanors, if an officer is present and observes the crime occurring, they are empowered to arrest the individual responsible. This authority is crucial in ensuring that law enforcement can quickly respond to violations that may pose threats to public safety or order. While it is also true that felonies committed in an officer's presence allow for warrantless arrests, the question specifically centers on the scenario involving a misdemeanor, which is why this option is accurate in the context of the question. It's important to note that civil infractions are typically handled differently from misdemeanors and felonies. Officers often issue citations for civil infractions instead of making arrests, which further emphasizes the distinction between the types of offenses and the corresponding authority to arrest without a warrant.