Legal Definitions - in-presence rule

The in-presence rule is a legal principle that allows a police officer to make an arrest without first obtaining a warrant when a minor crime, known as a misdemeanor, is committed in their direct observation or immediate vicinity. This rule applies when the officer either personally witnesses the offense or has strong evidence (known as probable cause) to believe that the misdemeanor is occurring right then and there, within their presence.

Here are some examples illustrating the in-presence rule:

• Example 1: Public Intoxication

  A police officer is on patrol and observes an individual openly consuming alcohol from an unsealed container in a public park, which is prohibited by local ordinance and classified as a misdemeanor. The individual is also visibly stumbling and slurring their words.

  How it illustrates the rule: The officer directly witnesses the misdemeanor (public consumption of alcohol and public intoxication) occurring in their actual presence. Under the in-presence rule, the officer can immediately arrest the individual without needing to obtain an arrest warrant first.

• Example 2: Minor Vandalism

  An officer is walking past a bus stop and hears the distinct sound of glass breaking, immediately followed by laughter. As the officer rounds the corner of the bus shelter, they see a teenager dropping a rock and a newly shattered pane of glass in the shelter. The teenager then attempts to quickly walk away.

  How it illustrates the rule: Although the officer didn't see the exact moment the rock hit the glass, the immediate sounds, the fresh damage, and the teenager's actions provide the officer with probable cause to believe that a misdemeanor (vandalism) has just occurred in their immediate vicinity. This allows the officer to make a warrantless arrest based on the in-presence rule.

• Example 3: Disorderly Conduct

  During a public festival, two individuals begin shouting obscenities at each other, pushing and shoving in a way that alarms bystanders and disrupts the event. A police officer stationed nearby hears the commotion, sees the escalating physical altercation, and observes people trying to move away from the scene.

  How it illustrates the rule: The officer directly observes the individuals engaging in disorderly conduct, a common misdemeanor, which is causing a public disturbance. Because the offense is occurring in the officer's presence, they can intervene and make a warrantless arrest to stop the disturbance and ensure public safety.