Nancy called 911 late one night and stated that there was a man in her backyard looking in her daughter's window. She was unable to give a description of the man. Officer Oliver arrived at the scene 10 minutes later. He went into the back yard and observed Pat standing about 15 feet from the house. He arrested Pat for violation of a penal code section that applies to voyeurism, a misdemeanor. Pat was transported to the city jail. Officer Randall, the booking officer, searched the backpack that Pat was carrying and found a magazine containing child pornography. Assuming for this question that there was probable cause for the arrest: Did Officer Oliver have authority to arrest Pat without a warrant if the state where these events occurred followed the traditional rules regarding misdemeanor arrests?
A) Yes, Officer Oliver can make a legal arrest as long as there is probable cause.
B) Yes, Officer Oliver can make a legal arrest as long as an eye witness reported the crime.
C) No, Officer Oliver cannot make a legal arrest because the misdemeanor was not committed in his presence.
D) No, Officer Oliver cannot make a legal arrest for any crime that was not committed in his presence.
Correct Answer:
Verified
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