“The common law rule with respect to misdemeanors was quite different; a warrant was required except when a breach of the peace occurred in the presence of the arresting officer…. Though the ‘in presence’ rule might be construed as requiring that the misdemeanor in fact have occurred in the officer’s presence, the modern view is that the officer may arrest if he has probable cause to believe the offense is being committed in his presence.” Wayne R. LaFave & Jerold H. Israel, Criminal Procedure § 3.5, at 169–70 (2d ed. 1992).
in presence rule
in-presence rule. The principle that a police officer may make a warrantless arrest of a person who commits a misdemeanor offense not only in the officer’s actual presence but also within the officer’s immediate vicinity.
