MCOLES State Licensing Practice Exam

Which offense requires an officer to witness the event to make an arrest?

1. 93 day misdemeanor

2. 90 day misdemeanor

3. Civil Infraction

4. Felony

The correct answer is: 90 day misdemeanor

An offense that requires an officer to witness the event to make an arrest is typically a misdemeanor, particularly in many jurisdictions where the law dictates that certain minor offenses necessitate direct observation by a law enforcement officer. In this context, the 90-day misdemeanor falls under the category of offenses that may require the officer's presence at the time of the incident. Witnessing the event allows the officer to establish probable cause and ensures that immediate corrective action can be taken, which is crucial for upholding the law effectively. While 93-day misdemeanors also involve legal standards that encourage direct observation, the 90-day misdemeanor is more commonly recognized for requiring the officer's direct witness status. In terms of the other categories, such as civil infractions or felonies, the norms for arrest can differ substantially, as civil infractions may not require an arrest at all, and felonies often allow for arrests based on reasonable suspicion or probable cause even when the officer does not directly witness the crime occurring.