Under what circumstances can police arrest a person without a warrant?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

The correct answer is based on the understanding of circumstances in which police can make arrests without a warrant, particularly when it aligns with the concept of public interest and safety. Police may conduct a warrantless arrest when they reasonably believe it is necessary to prevent further harm, to preserve evidence, or to ensure that the suspect appears for court proceedings in a timely manner. This aligns with the duty of law enforcement to uphold public safety and order, suggesting that considerations of public interest play a crucial role in the decision to arrest without a warrant.

In contrast, the other options do not accurately reflect legal standards for warrantless arrests. Uncertainty about a suspect does not justify an arrest; rather, clear and articulable evidence of wrongdoing is typically required. A suspect's cooperation does not negate the need for probable cause; police require a legitimate reason to proceed with an arrest. Lastly, witnessing a crime is a common ground for arrest without a warrant, but the expectation of police action extends beyond simply witnessing a crime to include situations where there is impending risk to public safety or potential loss of evidence that necessitates immediate action. Thus, while witnessing a crime may provide a basis for an arrest, it is not the only circumstance under which police can arrest a person without a warrant.

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