Which statement is NOT a circumstance that allows arrest without a warrant?

Which statement is NOT a circumstance that allows arrest without a warrant?

• A. A felony is committed within the view of the person making the arrest.
• B. An immediate breach of the peace is committed within the view of the person making the arrest.
• C. Preventing the consequences of theft.
• D. A misdemeanor has been committed within the view of the person making the arrest.

Answer: (D)

The key idea is that warrantless arrests are allowed only in specific situations defined by law: when you witness a felony in progress, when there’s an immediate breach of the peace, and when you must prevent the consequences of theft. Arresting for a mere misdemeanor that you happen to witness does not automatically qualify unless it involves a breach of the peace or another authorized exception. What makes the correct choice best is that a misdemeanor observed in view isn’t automatically an arrestable offense without a warrant unless it also constitutes a breach of the peace. The other scenarios listed—seeing a felony, observing an immediate breach of the peace, or acting to prevent the consequences of theft—fit the established warrantless-arrest circumstances.

The key idea is that warrantless arrests are allowed only in specific situations defined by law: when you witness a felony in progress, when there’s an immediate breach of the peace, and when you must prevent the consequences of theft. Arresting for a mere misdemeanor that you happen to witness does not automatically qualify unless it involves a breach of the peace or another authorized exception.

What makes the correct choice best is that a misdemeanor observed in view isn’t automatically an arrestable offense without a warrant unless it also constitutes a breach of the peace. The other scenarios listed—seeing a felony, observing an immediate breach of the peace, or acting to prevent the consequences of theft—fit the established warrantless-arrest circumstances.