What is the right of arrest under §17 for daytime breaking and entering with fear?

Prepare for the MPTC Breaking and Entering Test. Learn with flashcards and multiple-choice questions, each with hints and explanations. Get ready to excel in your exam!

The right of arrest under §17 for daytime breaking and entering with an element of fear is categorized as a felony arrest. This decision is rooted in the understanding that breaking and entering, especially when it involves the use of fear or intimidation, constitutes a serious offense that is typically classified as a felony. Felonies carry more severe consequences and allow for broader powers of arrest, reflecting the severity of the crime.

In this context, the statute recognizes the potential danger to the victim and the community posed by a person engaged in such behavior, hence justifying the authority to carry out a felony arrest. This allows law enforcement and citizens the power to intervene to prevent further crime or potential harm.

Other types of arrests, such as citizen's arrests or misdemeanor arrests, do not apply in this scenario because they relate to different levels of offenses or circumstances that do not encompass the gravity of a felony breaking and entering coupled with fear. In this case, the law prioritizes public safety and the protection of individuals, which is why the designation of felony arrest is the appropriate and warranted response.

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