What is the right of arrest in cases of trespassing?

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 correct response highlights the conditions under which an arrest for trespassing can be made. In situations involving trespassing, law enforcement officers generally have the authority to act based on their presence and observations. This means that if an officer witnesses an individual trespassing—committing the offense right in front of them—they can make an immediate arrest without needing a warrant.

However, there are circumstances where a warrant may also be applicable; for instance, if the trespass is reported and the officer cannot reach the scene to witness it firsthand, they may obtain a warrant based on evidence of the crime. Thus, the combination of having the authority to act with or without a warrant, depending on the circumstances, accurately reflects the right of arrest in cases of trespassing.

This option encapsulates the principle that law enforcement must clearly identify the situation and the individual's actions before proceeding with an arrest, balancing the need for immediate action when observing a crime and ensuring adherence to legal protocols when necessary.

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