California Private Investigator Practice Exam

What is the key difference in arresting someone for a misdemeanor versus a felony?

1. A felony must be witnessed

2. A misdemeanor can only be attempted

3. A felony does not require the crime to be witnessed

4. A misdemeanor allows for immediate arrest

The correct answer is: A felony does not require the crime to be witnessed

The key difference in arresting someone for a misdemeanor versus a felony lies in the nature of how these crimes can be addressed legally. For felonies, law enforcement officers can make an arrest without having to witness the crime occur. This allows them to act on probable cause, which could be based on evidence, witness statements, or other factors indicating that a crime has been committed. On the other hand, misdemeanors often require that the crime be witnessed directly by an officer for an immediate arrest to be conducted, although there are exceptions based on state laws. This distinction highlights the greater level of immediacy and authority granted to law enforcement in responding to serious offenses compared to lesser offenses. Thus, the understanding that a felony does not require the crime to be witnessed underlines the complexities of law enforcement's authority and the thresholds needed for intervention across different types of offenses.