A citizen can arrest for a felony or misdemeanor for a breach of peace __ In their presence

A citizen can arrest for a felony or misdemeanor for a breach of peace __ In their presence

• A. Without their presence
• B. In their presence
• C. With a warrant
• D. Anywhere in the city

Answer: (B)

A private citizen’s arrest power is limited to situations they actually witness. When a breach of the peace occurs, the arrest can be made without a warrant only if the citizen observes the offense in the moment—i.e., it is in their presence. That presence requirement protects both the public and the person being arrested, ensuring the arrest is based on firsthand observation rather than rumor or remote action. If the offense isn’t witnessed, the citizen generally shouldn’t arrest; they should contact authorities or rely on a warrant. The other ideas—arresting without witnessing, needing a warrant for a citizen’s action, or making an arrest anywhere in the city—don’t align with the conditions that allow a private citizen to act in these situations.

A private citizen’s arrest power is limited to situations they actually witness. When a breach of the peace occurs, the arrest can be made without a warrant only if the citizen observes the offense in the moment—i.e., it is in their presence. That presence requirement protects both the public and the person being arrested, ensuring the arrest is based on firsthand observation rather than rumor or remote action. If the offense isn’t witnessed, the citizen generally shouldn’t arrest; they should contact authorities or rely on a warrant. The other ideas—arresting without witnessing, needing a warrant for a citizen’s action, or making an arrest anywhere in the city—don’t align with the conditions that allow a private citizen to act in these situations.