Question

An offense committed in the presence of an officer can be the basis of an arrest without a warrant. "In the presence of" includes the use of any or all of the five senses - sight, hearing, taste, touch, or smell.

Answer 1

Answer: True

Options: True/False

Explanation: An officer who is present when a crime is being committed can make an arrest without a warrant. Their presence includes the use of any of their senses, whether they hear, see, smell, to perceive that a crime is being committed.

However, an officer can't make an arrest based on a hunch or a suspicion. While she does not have to be absolutely certain, there needs to  be a belief based on facts or circumstances to make such an arrest. This is known as probable cause.